LEE Y. COCKRELL, GUARDIAN OF THE PERSON AND ESTATE OF

ALICE B. INGRUM GRAY, AN INCAPACITATED PERSON, APPELLANT

GENE O. "BUDDY" COCKRELL, APPELLEES

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Pending before this Court is Appellant's Motion to Dismiss in which, Lee Y. Cockrell, Guardian of the Person and Estate of Alice B. Ingrum Gray, an Incapacitated Person, represents that pursuant to a settlement agreement, he no longer wishes to pursue this appeal. Cockrell also represents that all disputes between the parties have been settled and requests dismissal with prejudice.

Without passing on the merits of the case, pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure, we grant the motion and dismiss the appeal with prejudice. Having dismissed the appeal at Cockrell's request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle

Justice

l. If counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. The order appointing counsel, if any, must then be included in the clerk's record and filed with the Clerk of this Court on or before December 15, 2006.

It is so ordered.

Per Curiam

Do not publish.

1. Sitting by assignment.