Pending before the Court is the motion of Appellant, White Consolidated Industries, d/b/a The Eureka Company, 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. The motion does not reflect that the parties have made an agreement regarding costs. Consequently, we tax the costs of appeal against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

April 19, 2007

ANN CRAWFORD McCLURE, Justice

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

Chew, C.J., not participating