COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS MILLENNIUM BODY ARMOR, INC., § AND MILLENNIUM ARMOUR No. 08-08-00132-CV CORPORATION, § Appeal from the Appellants, § 116th Judicial District Court v. § of Dallas County, Texas MCCOY WEAVER WIGGINS § CLEVELAND ROSE RAY, PLLC AND (TC# DC-06-12493) THORP, CLARKE & NEVILLE, P.A., § Appellees.

MEMORANDUM OPINION Pending before the Court is an agreed motion to dismiss this appeal pursuant to TEX .R.APP .P. 42.1(a)(2). The parties represent to the Court that they have settled all matters in controversy in the underlying suit, and are in agreement that the appeal should be dismissed.

Further, the parties request that the appeal be dismissed with prejudice, and that the costs be assessed against the party incurring the same. See TEX .R.APP .P. 42.1(d). After considering the cause on the parties’ motion we conclude that the motion should be granted. Accordingly, the appeal is hereby dismissed with prejudice, with each party bear his or her own costs.

September 18, 2008 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Carr, JJ.