Order entered January 10, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01583-CV EDWARD C. NEWBERRY, Appellant V. CLAUDIA J. NEWBERRY, Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 06-0752 ORDER Before the Court is appellant’s December 31, 2012 motion to dismiss the appeal. In the motion, appellant states the parties have reached an agreement to compromise and settle their differences in this appeal. We GRANT appellant’s motion, and pursuant to his request, we ABATE this appeal to permit the trial court to effectuate the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(C). The appeal will be reinstated in FORTY-FIVE DAYS or when the Court receives a motion to dismiss confirming the trial court has effectuated the parties’ agreement, whichever is first.

/s/ CAROLYN WRIGHT CHIEF JUSTICE