In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-12-00388-CV ________________________ JULIAN BIVINS, APPELLANT V. CURTIS ROGERS, GUARDIAN OF THE ESTATE OF OLIVER BIVINS, WARD, APPELLEE

On Appeal from County Court Potter County, Texas Trial Court No. 477; Honorable W.F. “Corky” Roberts, Presiding

August 12, 2013 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Pending before this Court is a motion to dismiss this appeal filed by Appellant, Julian Bivins. By the motion, Appellant represents that all matters in controversy between the parties have been settled. See TEX. R. APP. P. 42.1(a)(1). Without passing on the merits of the appeal, we grant the motion and dismiss the appeal. Having dismissed the appeal at the request of Appellant, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle Justice