IN THE

TENTH COURT OF APPEALS

No. 10-06-00087-CV

Michael J. Rogers, PC,

                                                                      Appellant

 v.

Gavin Callaway,

                                                                      Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. C200500009

On May 22, 2006, Michael J. Rogers, P.C., filed a “Motion to Dismiss Cause of Action.”  Appellant requests that we dismiss this appeal with prejudice.  Attached to the motion is a Rule 11 Agreement which indicates that the parties settled the matter and which is signed by counsel for both parties.

Texas Rule of Appellate Procedure 42 allows a court of appeals to dismiss an appeal “in accordance with an agreement signed by all parties or their attorneys and filed with the clerk.”  Tex. R. App. P. 42.1(a)(2).

We dismiss this appeal.  Appellant shall bear the costs of this appeal.  Tex. R. App. P. 42.1(d).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal Dismissed

Opinion delivered and filed June 7, 2006

[CV06]