The appellants and cross-appellees, Mayor Jerry Wade, Janet Wade, Larry Preston, Kathleen Preston, Shannon Bones, and Libby Bones, and the appellees and cross-appellants, O.L. Davenport, Alvie Ellis, J.F. Page, Jr., Pamela Daniels, Sandy Beach, Tim Littlefield, and the City of Shepherd, Texas, filed a joint motion to dismiss this appeal. The parties allege they have settled all disputes and desire to dismiss this appeal with prejudice. The Court finds that the motion is voluntarily made by the parties through their attorneys of record prior to any decision of this Court and should be granted. Tex. R. App. p. 42.1(a)(1), (2).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED. All costs are assessed against the incurring party.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered November 4, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.