TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN 444444444444444444444444444 ON MOTION FOR REHEARING 444444444444444444444444444

NO. 03-03-00740-CV

Tom Dyke and Sibyl Dyke, Appellants v. Don Jackson and Velna Jackson d/b/a Prophet Investments, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. GN300334, HONORABLE C. W. DUNCAN, JR., JUDGE PRESIDING

SUPPLEMENTAL MEMORANDUM OPINION

We originally issued an opinion and judgment on August 10, 2005. While the cause was pending on rehearing, the parties filed a joint motion to dismiss, explaining that they have settled their dispute. Therefore, our original judgment issued August 10, 2005, is withdrawn and the judgment issued this date is substituted in its place. We grant the motion and dismiss the appeal, taxing costs to the party that incurred them.

__________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed on Joint Motion Filed: March 3, 2006