The appellants, Lloyd Kelvin Burks and L.K. Burks Enterprises, Inc., and the appellee, Transmedic, Inc., filed a joint motion to dismiss this appeal. The parties allege they have resolved all disputes and agreed to dismiss this appeal. 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).

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.

___________________________

CHARLES KREGER

Justice

Opinion Delivered December 1, 2005

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