NO. 07-08-0443-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JANUARY 16, 2009

______________________________

SANTA ROSA CONSTRUCTION COMPANY, APPELLANT

v.

JUAN PEREZ AND MARIA PEREZ, APPELLEES

_________________________________

FROM THE 99^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2006-537,377; HON. JAY GIBSON, PRESIDING

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ON MOTION TO DISMISS

          Pending before the Court is an unopposed motion to dismiss filed by Santa Rosa Construction Company by which Santa Rosa represents the parties have agreed to a compromise settlement agreement resolving all matters in controversy. We grant the motion. Tex. R. App. P. 42.1(a)(1).

          Without passing on the merits of the case, the appeal is dismissed. Having dismissed the appeal at the request of the parties, we will not entertain a motion for rehearing and our mandate will issue forthwith.

James T. Campbell

Justice