Butch Sims and Vance Sims, Individually and d/b/a Sims Acres Dairy v. Bottlinger Grain Company--Appeal from 220th District Court of Hamilton County

IN THE

TENTH COURT OF APPEALS

No. 10-97-244-CV

BUTCH SIMS, AND VANCE SIMS,

INDIVIDUALLY AND D/B/A SIMS

ACRES DAIRY,

Appellants

v.

BOTTLINGER GRAIN COMPANY,

Appellee

From the 220th District Court

Hamilton County, Texas

Trial Court # H-148-95

MEMORANDUM OPINION

On December 1, 1997, Appellants filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

Appellants state that the parties have settled their controversy. Appellee has not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against Appellants.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed December 10, 1997

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