The appellee, Ceramica Fanal, S.A., notified the Court that the appellant's voluntary payment of the judgment rendered the appeal moot. The appellants, Tile and Stone Wholesale Distribution, LLC, and Omar Daewood d/b/a Tile & Stone Wholesale Distribution, Inc., agreed that the appeal is moot because the judgment has been paid. We tax costs to the party by whom incurred, vacate the trial court's judgment, and dismiss the case as moot. See Marshall v. Housing Authority of City of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006).

APPEAL DISMISSED.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered November 9, 2006

Before Gaultney, Kreger, and Horton, JJ.