11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Kimleco Petroleum, Inc.

            Appellant

Vs.                  No. 11-04-00127-CV -- Appeal from Baylor County

James Novak et al

            Appellees

            Kimleco Petroleum, Inc. and James Novak, individually and as agent for the heirs of Barbara Novak, and Richard Reynolds have filed in this court a joint motion to dismiss the appeal and cross appeal. In their motion, the parties stated that they have agreed to dismiss all appeals. The motion is granted.

            The appeal and the cross appeal are dismissed.

                                                                                                PER CURIAM

August 31, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.