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MEMORANDUM OPINION No. 04-08-00751-CV Edwin F. FLATO, III, Appellant v. John C. CALHOUN, Appellee From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 324709 Honorable Irene Rios, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: March 11, 2009 DISMISSED The parties have filed a joint motion to dismiss this appeal, stating that the parties have reached an agreement to settle and compromise their differences. We grant the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(2), 43.2(f). Costs of the appeal are taxed against the parties who incurred them.

PER CURIAM