COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Pending before the Court is the joint motion of Appellant and Appellee to dismiss this appeal pursuant to Tex.R.App.P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal. Pursuant to the parties’ agreement, we assess costs against the party incurring same. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

November 9, 2006                                                      

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.