IN THE

TENTH COURT OF APPEALS

No. 10-03-146-CV

     MIKE PHILLIPS

     D/B/A REED CONSTRUCTION CO.,

                                                                              Appellant

     v.

     DANNY PRITCHARD AND VALENCE

     OPERATING CO.,

                                                                              Appellees

From the 87th District Court

Freestone County, Texas

Trial Court # 01-181-B

MEMORANDUM OPINION

      Mike Phillips d/b/a Reed Construction Co. has filed a motion to dismiss this appeal. He states that the parties have settled their dispute.

      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).

      Phillips’s dismissal motion satisfies the requirements of the appellate rules. Appellees have not filed a response. Accordingly, we dismiss the appeal with costs on appeal to be taxed against Appellant. See id. 42.1(d).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed June 25, 2003

[CV06]