TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00660-CV

Cleo Elizabeth McKinney Cearley, Appellant

v.

Sue Burgess, Appellee

FROM COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY

NO. 11339-P, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The parties to this appeal have filed a joint motion requesting that the appeal be dismissed pursuant to the parties' settlement agreement. See Tex. R. App. P. 42.1(a). We grant the motion and dismiss the appeal.

We also grant the parties' request that mandate may issue. See Tex. R. App. P. 18.1(c).

__________________________________________

Diane M. Henson, Justice

Before Justices Patterson, Waldrop and Henson

Dismissed on Joint Motion

Filed: July 23, 2010