COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-360-CV SHERRI SEAY AND MICHAEL SEAY APPELLANTS V. BARNETT GATHERING, LP APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered AAppellants= Motion To Dismiss Due To Settlement,@ requesting that we dismiss the appeal with prejudice. It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal with prejudice.

See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM PANEL: MCCOY and GARDNER, JJ.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment).

DELIVERED: July 29, 2010

See Tex. R. App. P. 47.4.