On July 17, 2003, we abated the appeal due to the commencement of bankruptcy proceedings. On April 4, 2007, Stephen J. Zaylor, acting in his capacity as Chapter 7 Trustee for the Estate of Russell J. Fairchild, and the appellee, John E. Stockton, filed a joint motion to dismiss this appeal with prejudice. The parties inform the Court that they have reached an agreement to resolve all disputes between them. See Tex. R. App. P. 42.1(2). We reinstate the appeal, grant the motion, and dismiss the appeal. Costs are taxed against the party who incurred them.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered April 19, 2007

Before McKeithen, C.J., Gaultney and Kreger, JJ.