NO. 07-06-0192-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 8, 2006 ______________________________

ALLSUP’S CONVENIENCE STORES, INC., APPELLANT V. PATRICK ANDERSON, APPELLEE

_________________________________ FROM THE 287TH DISTRICT COURT OF PARMER COUNTY; NO. 9211; HONORABLE GORDON H. GREEN, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is Allsup’s Convenient Stores, Inc.’s motion to dismiss this appeal representing the parties have reached a confidential compromise and settlement agreement, and they no longer wish to prosecute the appeal. See Tex. R. App. P. 42.1(a)(1). We grant the motion and per the motion assess costs against the party incurring them. Having dismissed the appeal at the request of appellant, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice