In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-16-00077-CV ________________________ TOM MILLER, APPELLANT V. F-40 MOTORSPORTS, APPELLEE

On Appeal from the 69th District Court Moore County, Texas Trial Court No. 15-9; Honorable Ron Enns, Presiding

May 20, 2016 MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Pending before this court is a motion to dismiss filed by Appellant, Tom Miller.

By this motion, Miller represents that he and Appellee, F-40 Motorsports, have entered into a settlement and resolved all claims and causes of action. Without passing on the merits of the appeal, Miller’s motion is granted and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). As the motion does not indicate an agreement of the parties regarding the allocation of costs, all costs on appeal shall be taxed against the parties incurring them. Id. at 42.1(d). Having dismissed this appeal at Miller’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam