Dismissed and Memorandum Opinion filed April 7, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00053-CV

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WESTCHESTER FIRE INSURANCE, Appellant

V.

MONIQUE KIRKLAND HODGSON as Guardian of the Estate of EARL DUDLEY KIRKLAND, III, Individually and on Behalf of the Estate of BILLIE JOE KIRKLAND, EARL KIRKLAND, JR, and LYNN NELL SHIMEK, Appellees

On Appeal from the 344th District Court

Chambers County, Texas

Trial Court Cause No. 17582

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed December 10, 2004.

On March 29, 2005, appellant filed a motion to dismiss the appeal because the case has been settled.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 7 , 2005.

Panel consists of Justices Yates, Anderson, and Hudson.