The appellant, Leroy Harris, and the appellee, Frederick Ross Boyd, filed a joint motion to dismiss this appeal. The parties allege they have 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.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered October 20, 2005

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