NO. 07-07-0137-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 25, 2007 ______________________________ CAPITOL INDEMNITY CORPORATION, APPELLANT V. RONZANI INC., D/B/A RONPARCO, APPELLEE _________________________________ FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY; NO. 96-214309-05; HONORABLE JEFF WALKER, JUDGE _______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Capital Indemnity Corporation, appellant, has filed a motion to dismiss this appeal because it has reached a resolution of the present controversy with Ronzani, Inc, appellees. No decision of this Court having been delivered to date, we grant the motion.

Accordingly, the appeal is dismissed. TEX . R. APP. P. 42.1(a)(1). Because the parties have agreed that each shall be responsible for their own appellate costs, costs of this appeal shall be borne by the party that incurred them. See TEX . R. APP. P. 42.1(d), 6.6.

No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice