Pending before the Court is the joint motion of Appellant, Joseph Bender, and Appellees, T.M. Circle Ltd. and Diamond Shamrock Refining and Marketing Company, to dismiss this appeal pursuant to Tex.R.App.P. 42.1 because the parties have entered into a settlement agreement. We grant the motion and dismiss the appeal. The motion does not reflect that the parties have reached an agreement regarding the payment of costs. Accordingly, costs are taxed against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

January 17, 2008

ANN CRAWFORD McCLURE, Justice

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