COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Relator, West Distributors, Inc., filed its petition for writ of mandamus with this Court on October 16, 2006. See Tex.R.App.P. 52.1. Prior to the Court’s rendering a decision on the petition, Relator and the Real Party in Interest filed a joint motion to dismiss without prejudice, stating the parties have entered into a settlement agreement of all disputes and have dismissed the underlying proceeding in its entirety. See Tex.R.App.P. 42.1(a)(2).

            The Court, having considered the motion, is of the opinion it should be granted. Therefore we dismiss the petition for writ of mandamus without prejudice. The motion also specifies that the parties have agreed that each party will bear its own costs. Accordingly, all costs are taxed against the party incurring the same. See Tex.R.App.P. 42.1(d).

                                                                        KENNETH R. CARR, Justice

January 18, 2007

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