The appellant, Crown Derrick Erectors, Inc., notified the Court that the case had settled and the execution of releases of the judgment by the appellees rendered the appeal moot. The appellees did not file an objection to the appellant's Motion to Dismiss With Prejudice. We tax costs to the party by whom incurred, vacate the trial court's judgment, and dismiss the case as moot. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006).

APPEAL DISMISSED.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered March 8, 2007

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