IN THE

TENTH COURT OF APPEALS

No. 10-03-126-CV

     EUGENE VALLORANI,

                                                                              Appellant

     v.

     GUARDIAN LIFE INSURANCE COMPANY

     OF AMERICA,

                                                                              Appellee

From the 136th District Court

Jefferson County, Texas

Trial Court # D-165432

MEMORANDUM OPINION

      Guardian Life Insurance Company of America filed suit against Eugene Vallorani for breach of contract. The court rendered judgment in favor of Guardian Life, and Vallorani appealed.

      Vallorani has now filed a motion to dismiss his appeal. He states that he will pay the judgment. Rule of Appellate Procedure 42.1(a)(1) provides:

(a) The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(1).

      Vallorani’s dismissal motion satisfies the requirements of the appellate rules. Guardian Life has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against Vallorani. See id. 42.1(d).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed July 23, 2003

[CV06]