IN THE TENTH COURT OF APPEALS No. 10-11-00015-CV SCOTT J. SCHERR, JOHN W. CLANTON AND FIBERTOWN DC, LLC, Appellants v. VANCE SWAGGERTY, Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 10-000935-CV-85

MEMORANDUM OPINION

Scott J. Scherr has filed a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Scherr states that the parties have entered into a settlement agreement and no longer wish to pursue the appeal. 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.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed March 2, 2011 [CV06]

Scherr v. Swaggerty Page 2