MEMORANDUM OPINION

No. 04-06-00062-CV

Rogelio IBANEZ, Jr. ,

Appellant

v.

Charles T. HORNSBY,

Appellee

From the 79th Judicial District Court, Jim Wells County, Texas

Trial Court No. 05-02-43159-CV

Honorable Richard C. Terrell , Judge Presiding

PER CURIAM

Sitting: Karen Angelini , Justice

Sandee Bryan Marion , Justice

Phylis J. Speedlin , Justice

Delivered and Filed: June 21, 2006

DISMISSED

On March 27, 2006, we suspended the appellate deadlines in this case pending mediation. See4^th Tex. App. (San Antonio) Loc. R. 2. On May 24, 2006, the mediator notified this court that the mediation was unsuccessful. We, therefore, reinstate this appeal on the docket of the court.

On May 25, 2006, appellant filed a motion to dismiss this appeal. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(1). Appellant also requests that we order "each party to bear its own costs." However, absent agreement of the parties, we must tax costs against appellant. See Tex. R. App. P. 42.1(d). Here, there is no indication that appellee has agreed that each party should bear its own costs. Therefore, costs of appeal are taxed against appellant.

PER CURIAM