Opinion
No. 10-03-193-CV
Opinion delivered and filed August 13, 2003
Appeal from the 66th District Court, Hill County, Texas, Trial Court #39658.
Appeal dismissed.
Attorney(s) for Appellant/Relator: J. Dwight Carmichael, McGREGOR, McGREGOR CARMICHAEL, Inc., HILLSBORO, TX.
Attorney(s) for Appellee/Respondent: Rudy Beuttenmuller, THOMAS SELF, Dallas, TX.
Before Justice VANCE, Justice GRAY, and Justice HILL (Sitting by Assignment).
MEMORANDUM OPINION
Appellants Mack and Lavetta Ellison have filed a motion to dismiss their appeal. They state that the parties have settled all matters in controversy.
Rule of Appellate Procedure 42.1(a)(1) provides:
(a) The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Tex.R.App.P. 42.1(a)(1).
The Ellisons' dismissal motion satisfies the requirements of the appellate rules. Appellees have not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against the Ellisons. See id. 42.1(d).