IN THE TENTH COURT OF APPEALS No. 10-11-00094-CV MORRELL MASONRY SUPPLY, INC., Appellant v. JOE ODEN AND MARCIA ODEN, Appellee

From the 87th District Court Leon County, Texas Trial Court No. NOT-09-379

MEMORANDUM OPINION

Appellant has filed a “Motion to Dismiss Appeal.” See TEX. R. APP. P. 42.1(a)(1).

It states that the parties have entered into a settlement agreement and that Appellant seeks dismissal of this appeal with costs to be assessed against the party incurring them.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed with each party to pay the costs in this behalf expended as they have been incurred.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed July 27, 2011 [CV06]

Morrell Masonry Supply v. Oden Page 2