Adolph and Edna Duke, Individually and as Next Friend, Cynthia Duke, A Minor Child and as Representatives of the Estate of Victoria Duke, Deceased v. State of Texas; Department of Highways and Public Transportation and H.B. Zachry Company--Appeal from 150th Judicial District Court of Bexar County

No. 04-00-00537-CV

Adolph and Edna DUKE,

Individually and as Next Friend of Cynthia Duke, a Minor,

and as Personal Representatives of the Estate of Victoria Duke, Deceased

Appellants
v.
TEXAS DEPARTMENT OF TRANSPORTATION,
Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 98-CI-07494
Honorable David Peeples, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: November 8, 2000

APPEAL DISMISSED

The appellant in the above numbered and styled appeal has indicated that the dispute underlying the appeal has been settled, and has requested that the appeal be dismissed. The request is granted and the appeal is dismissed. See Tex. R. App. P. 42.1(a)(2). The costs of this appeal are taxed against the appellant.

PER CURIAM

DO NOT PUBLISH