Opinion
No. 13-10-00411-CV
Delivered and filed April 14, 2011.
On appeal from the 13th District Court of Navarro County, Texas.
Before Justices VELA, PERKES, and HILL
Retired Second Court of Appeals Justice John G. Hill assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See TEX. GOV'T CODE ANN. § 74.003 (Vernon 2005).
MEMORANDUM OPINION
Appellants, Ken Fleming and Paul Barrett, perfected an appeal from a judgment entered by the 13th District Court of Navarro County, Texas, in cause number 07-16291-CV. The parties have filed a joint motion to dismiss on grounds that all matters in controversy between them in this cause have been fully compromised and settled. The parties request that this Court dismiss the appeal.
The Court, having considered the documents on file and the joint motion to dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.