NO. 12-05-00364-CV

              IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

                             TYLER, TEXAS

R.C. WAGNER D/B/A

WAGNER TRUCKING,                                   '     APPEAL FROM THE

APPELLANT

V.                                                                         '     COUNTY COURT AT LAW OF

AMERICAN HOME

ASSURANCE COMPANY,                            '     SMITH COUNTY, TEXAS

APPELLEE

                                                     MEMORANDUM OPINION

                                                                 PER CURIAM

Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion.  In its motion, Appellant represents that the parties have reached an agreement that disposes of all issues presented for appeal.  Because Appellant has met the requirements of Texas Rule of  Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.           

Opinion delivered February 15, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                                                     (PUBLISH)