The appellant, Vivian Ellis, filed a motion to dismiss this appeal. The appellee, William Phillips, agrees to the dismissal. The parties allege they have resolved the dispute relating to taking a pre-suit deposition and agreed to dismiss this appeal. The Court finds that the motion is voluntarily made by the parties through their attorneys of record prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a).

It is, therefore, ordered that the motion to dismiss be granted and the appeal is therefore dismissed. All costs are assessed against the incurring party.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered April 5, 2007

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