BRYAN LEE HOLMES, AS

INDEPENDENT ADMINISTRATOR

OF THE ESTATE OF FRANCES K.

SNYDER, DECEASED, AND AS

TRUSTEE OF THE FRANCES K.

SNYDER TRUST, Appellant,

ROBERT R. FURGASON AND

TEXAS A & M - CORPUS CHRISTI

FOUNDATION, INC., Appellees.

Opinion

Appellant, Bryan Lee Holmes, perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 02-3106-F (regarding undue influence, fraud, and constructive trust). After this Court rendered its decision in this case on August 29, 2003, the parties filed a joint motion to dismiss the appeal on September 30, 2003. In the motion, the parties state that they have reached an agreement to settle and compromise their differences in the pending trial court cause number 00-4541-F (regarding mental capacity). As a result of the agreement on that cause of action, the parties request that this Court withdraw its opinion and dismiss the appeal of cause number 02-3106-F. See Tex. R. App. P. 42.1(a)(2),(c).

The Court, having considered the documents on file and the joint motion to dismiss the appeal, is of the opinion that the motion should be granted. This Court's opinion issued August 29, 2003 is hereby withdrawn. The joint motion to dismiss is granted. The appeal is hereby DISMISSED.

LINDA REYNA YAÑEZ

Justice

Opinion delivered and filed this the

14^th day of November, 2003.