Payless Cashways and Robert Chriesman v. Elvin Smith and wife, Rebecca Smith, Individually and as Next Friends of Phillip J. Smith and Jody D. Smith, Minors--Appeal from 104th District Court of Taylor County

11th Court of Appeals

Eastland, Texas

Opinion

Payless Cashways, Inc. and Robert Chriesman

Appellants

Vs. No. 11-02-00161-CV B Appeal from Taylor County

Elvin Smith and wife Rebecca Smith, Individually and as Next

Friends of Phillip J. Smith and Jody D. Smith, Minors

Appellees

The parties have filed in this court a joint motion to dismiss the appeal. In their motion, the parties state that they no longer desire to pursue this appeal and request that the appeal be dismissed with costs taxed against the party incurring the same. The motion is granted. TEX.R.APP.P. 42.1.

The appeal is dismissed.

PER CURIAM

August 15, 2002

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.