NO. 07-10-00106-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JOHN T. SAUTTER, MARYAH M. SAUTTER, DONALD R. CRUVER AND ANITA E. CRUVER, APPELLANTS

v.

CITY OF HORSESHOE BAY, APPELLEE

 FROM THE 424TH DISTRICT COURT OF LLANO COUNTY;

NO. 16,119; HONORABLE DANIEL H. MILLS, JUDGE

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

MEMORANDUM OPINION

The parties to this appeal have filed a joint motion requesting dismissal of the appeal.  See Tex. R. App. P. 42.1(a).  According to the motion, the parties “have settled all matters in controversy and made the basis of this cause of action.”  The parties have also agreed that costs shall be borne by the party incurring them.  See Tex. R. App. P. 42.1(d).

No decision of this court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed.  No motion for rehearing will be entertained and our mandate will issue forthwith.  All costs incurred are taxed against the party incurring them. 

                                                                                                James T. Campbell

                                                                                                            Justice