                                   NO. 07-04-0385-CV

                              IN THE COURT OF APPEALS

                       FOR THE SEVENTH DISTRICT OF TEXAS

                                      AT AMARILLO

                                         PANEL B

                                  SEPTEMBER 8, 2004

                          ______________________________


                IN THE MATTER OF THE MARRIAGE OF CESLIE LYN
                 HERNDON AND BRIAN JACK HERNDON AND IN THE
                   INTEREST OF ALISSA KAYLYN HERNDON AND
                      WILLIAM HENRY HERNDON, CHILDREN

                        _________________________________

            FROM THE 294th DISTRICT COURT OF VAN ZANDT COUNTY;

                  NO. 03-00798; HON. TERESA A. DRUM, PRESIDING

                          _______________________________

                                  On Motion to Dismiss

                          _______________________________

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

      Brian Jack Herndon, appellant, by and through his attorney, has filed a motion to

dismiss this appeal because the parties have fully compromised and settled all issues in

dispute and have agreed on a trial court judgment nunc pro tunc. Without passing on the

merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate

Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.



                                                Per Curiam
