                     NUMBER 13-08-00266-CV

                     COURT OF APPEALS

             THIRTEENTH DISTRICT OF TEXAS

               CORPUS CHRISTI - EDINBURG
______________________________________________________________

DALE WALKER AND FLORENCE WALKER,                           Appellants,

                                  v.

K-3 RESOURCES, L.P., A/K/A AND D/B/A K-3
BMI, A/K/A AND D/B/A K-3 SERVICES,
A/K/A AND D/B/A BIOSOLIDS MANAGEMENT;
MANAGEMENT BY KE3, L.P. K-3 RESOURCES,
INC.; SERVICES BY KE, L.L.C.; KARLIS
ERCUMS, III; AND JOHNNY LEE KING, JR.,              Appellee.
_____________________________________________________________

             On appeal from the 105th District Court
                    of Kleberg County, Texas.
______________________________________________________________

                   MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Rodriguez and Garza
                   Memorandum Opinion Per Curiam
      Appellants, Dale Walker and Florence Walker, perfected an appeal from a judgment

entered by the 105th District Court of Kleberg County, Texas, in cause number 06-550-D.

Appellants have filed an agreed motion to dismiss appeal on grounds that the parties have

reached an agreement to settle and compromise their differences. Appellants request that

this Court dismiss the appeal.

      The Court, having considered the documents on file and appellants’ agreed motion

to dismiss appeal, is of the opinion that the motion should be granted. See TEX . R. APP.

P. 42.1(a). Appellants’ agreed motion to dismiss appeal is granted, and the appeal is

hereby DISMISSED. The parties have agreed, as part of the settlement, to bear their own

costs incurred in this appeal. Having dismissed the appeal at appellants' request, no

motion for rehearing will be entertained, and our mandate will issue forthwith.

                                                              PER CURIAM

Memorandum Opinion delivered and filed
this the 23rd day of October, 2008.




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