The appellant, Scott Parker, and the appellee, Donna Parker, filed a joint motion to abate the appeal for settlement. On October 9, 2008, we abated the appeal and permitted further proceedings in the trial court to effectuate the parties' settlement agreement. On October 23, 2008, the parties filed a joint motion to dismiss the appeal. The appeal is dismissed in accordance with the joint motion of the parties. Tex. R. App. P. 42.1(a)(2). Each party shall bear its own costs.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered November 6, 2008

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