PER CURIAM.
Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. In his motion, Appellant represents that the parties have reached an agreement that disposes of all issues presented for appeal. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.
J.17 DISMISSED — With Prejudice on Appellant's Motion Appellant pays costs of appeal.
JUDGMENT
THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.
It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, HEREBY DISMISSED and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.
THE STATE OF TEXAS MANDATE * * * * * * * * * * * * * * * * * * * * * * * * * * *
TO THE 4TH JUDICIAL DISTRICT COURT OF RUSK COUNTY, GREETINGS:
Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between
BENNYE BOYD SILER, Appellant
NO. 12-05-00177-CV; Trial Court No. 2003-106
By per curiam opinion.
ROXIE FLETCHER DEBORA FOSTER, AS CO-TRUSTEES OF THE FLETCHER FAMILY TRUST; ROXIE FLETCHER, INDIV. AS BENEFICIARY OF THE FLETCHER FAMILY TRUST; KAREN DUPAPE, ALAN FLETCHER, JOE BILL FLETCHER, JACK FLETCHER, MARY MARGARET FLETCHER, AND REBECCA SILER YOUNG,
Appellees
was determined; and therein our said Court made its order in these words:
"THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be GRANTED.
It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, HEREBY DISMISSED and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance."
WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.
CATHY S. LUSK, CLERK
By:_______________________________ Deputy Clerk