The appellants, Gulf Coast Measuring Service, Inc., and Larry Bollich, and the appellees, Sunoco Logistics Partners, L.P., Sunoco Logistics Partners Operations G.P., L.L.C., and Sunoco Pipeline, L.P., filed a joint motion to dismiss this appeal and the cause of action with prejudice. The parties allege they have reached a settlement agreement and ask the Court to vacate the judgment of the trial court and dismiss all claims asserted in Cause No. E-177,278-A with prejudice. The motion is voluntarily made by agreement of the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal.

Accordingly, we vacate the judgment of the trial court without reference to the merits, grant the motion to dismiss with prejudice, and dismiss the appeal and Cause No. E-177,278-A. All costs are assessed against the incurring party.

JUDGMENT VACATED; APPEAL AND CAUSE DISMISSED.

______________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered September 11, 2008

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