CANDLEWICK HOMES, INC.

APPELLANT/CROSS-APPELLEE

V.

JASON EANES AND KIM EANES,

APPELLEES/CROSS-APPELLANTS

This is an appeal and a cross-appeal from a default judgment signed on July 31, 2002. The parties have filed a joint motion to dismiss both appeals. The motion is signed by counsel for all parties and represents that the parties have reached an agreement as to all matters in controversy herein and no longer wish to pursue their pending appeals.

Because the parties have met the requirements of Tex. R. App. P. 42.1(a)(2), the parties' joint motion to dismiss their appeal and cross-appeal is granted, and their appeals are dismissed. The costs of the appeals are taxed against the party incurring same.

Opinion delivered February 28, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.