IN THE TENTH COURT OF APPEALS No. 10-10-00141-CV ROBERT A. SWEARINGEN, GKG.NET, INC., PAUL MARVIN, AND TAYLOR MARVIN, Appellants v. MITCHELL RUDDER PROPERTIES, LP, SUCCESSOR IN INTEREST TO KARBROOKE, INC., Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 06-003373-CV-85

MEMORANDUM OPINION

Appellants have filed an “Unopposed 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 Appellants seek 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 Dismissed Opinion delivered and filed May 30, 2012 [CV06]

Swearingen v. Mitchell Rudder Properties Page 2