IN THE
TENTH COURT OF APPEALS
No. 10-01-054-CV
     ALLSTATE INDEMNITY COMPANY,
                                                                              Appellant
     v.
     RHONDA PENTER,
                                                                              Appellee
From the 77th District Court
Freestone County, Texas
Trial Court # 99-337-A
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MEMORANDUM OPINION
                                                                                                               Â
      The Appellant has filed a motion to dismiss this appeal in which it asserts that the parties have settled their dispute. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:
(a) The appellate court may dispose of an appeal as follows:
(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or
(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.
Tex. R. App. P. 42.1.
      The appeal is dismissed. As per the agreement of the parties, costs are taxed against the party incurring them.
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PER CURIAM
Before Chief Justice Davis,
      Justice Vance, and
      Justice Gray
Appeal dismissed
Opinion delivered and filed June 27, 2001
Do not publish
ne-height:200%'>We affirm the trial courts judgment.
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PER CURIAM
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Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed November 16, 2005
[CV06]
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