COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Pending before the Court is the Appellant's motion to dismiss this appeal pursuant to Texas Rules of Appellate Procedure 42.1(a)(1), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant further asks that this Court assess costs of appeal against the party incurring the same. Appellee's counsel has conferred with Appellant's counsel regarding the merits of this motion and does not oppose it. See Tex.R.App.P. 42.1(d) (Absent agreement of the parties, the court will tax against the Appellant). We have considered this cause on the Appellant's motion and conclude that the motion should be granted. We therefore dismiss the appeal and access the costs of appeal against the party incurring the same.
January 21, 2004

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RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.