The appellant and cross-appellee, Bonnie J. Hurn, and the appellee and cross-appellant, Phillip Lane Homes, L.L.C., filed a joint motion to dismiss this appeal. The parties allege that neither appellant desires to further prosecute this appeal. The Court finds that the motion is voluntarily made by the parties through their attorney 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 without reference to the merits of the appeal. All costs are assessed against the incurring party.

PER CURIAM

Opinion Delivered February 26, 2004

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

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