NO. 12-10-00322-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS KAY DUBROCK, § APPEAL FROM THE 114TH APPELLANT V. § JUDICIAL DISTRICT COURT SMS TRUST, GANDAF U.S.A., INC., d/b/a SPEEDY FOOD MART, CITY OF TYLER AND STATE OF TEXAS, APPELLEES § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant filed an unopposed motion to dismiss this appeal. As grounds for the motion, Appellant states that, as a result of mediation, the parties reached an agreement to settle and compromise their dispute. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered December 22, 2010.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)