COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

ABDOL KARIM SAADATKHAH, § INDIVIDUALLY AND D/B/A FIESTA AUTO SALVAGE, ALL JAPANESE & § EUROPEAN AUTO SALVAGE and ALL No. 08-08-00075-CV AUTO SALVAGE, § Appeal from the Appellant, § 34th Judicial District Court v. § of El Paso County, Texas § SOUTHWESTERN BELL YELLOW (TC# 2000-1993) PAGES, INC., § Appellee. §

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 it 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. As the motion does not indicate the parties have agreed otherwise, costs will be taxed against Appellant. See TEX .R.APP .P. 42.1(d).

August 14, 2008 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Carr, JJ.

-2-