IN THE

TENTH COURT OF APPEALS

No. 10-06-00173-CV

Texas Department of Public Safety,

                                                                                Appellant

 v.

Josephine and Leslie Nash, Individually

and as Next Friend of Korbin Havins

and Braden Havins, Minors,

                                                                                Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 05-0016000-CV-361

          Appellant has filed a motion to dismiss this appeal as moot because the parties have settled their dispute.  Appellee has not filed a response.  Accordingly, the appeal is dismissed.  See Tex. R. App. P. 42.1(a)(1).  Costs of court are taxed against the party incurring same.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed February 7, 2007

[CV06]