COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

Pending before the Court is Appellant's motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1). Appellant represents to the Court that the parties have reached a settlement agreement in the underlying case and therefore he no longer wishes to pursue this appeal. Appellee has not objected to the motion, and there is no indication that dismissal would prevent Appellee from seeking the relief to which she would otherwise be entitled. See Tex.R.App.P. 42.1(a)(1). We therefore grant Appellant's motion, and dismiss the appeal pursuant to the parties' settlement agreement. Costs of the appeal will be taxed against the party incurring the same. See Tex.R.App.P. 42.1(d).

December 6, 2007

DAVID WELLINGTON CHEW, Chief Justice

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