                                    NO. 07-07-0304-CV

                              IN THE COURT OF APPEALS

                       FOR THE SEVENTH DISTRICT OF TEXAS

                                       AT AMARILLO

                                          PANEL B

                                 SEPTEMBER 26, 2007
                           ______________________________

                IN THE MATTER OF THE MARRIAGE OF MARY MCKAY
                 DUNCAN AND RICHARD WITT DUNCAN AND IN THE
               INTEREST OF ROBERT RICHARD WITT DUNCAN CHILD
                       _________________________________

              FROM THE 200th DISTRICT COURT OF TRAVIS COUNTY;

         NO. D-1-FM-94-010519; HON. MARGARET A. COOPER, PRESIDING
                       _______________________________

              ORDER ON MOTION TO VACATE AND DISMISS APPEAL
                     _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

       Appellant and appellee, by and through their attorneys, represent to the court that

the dispute has been settled. So too do they request that we “vacate” the trial court’s

judgment and dismiss the appeal. Without passing on the merits of the case, we grant the

motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), vacate the trial court’s

judgment, and dismiss the case. TEX R. APP . P. 43.2(e) (stating that an appellate court

may vacate a trial court’s judgment and dismiss the case). Our having done so at the

request of all the litigants, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

                                                  Brian Quinn
                                                  Chief Justice
