In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00029-CV ______________________________

DAL-TILE CORPORATION, Appellant V. RALF POINEAL, Appellee

On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 77543

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Dal-Tile Corporation has filed a motion asking this Court to dismiss its appeal because the controversy has been resolved and settled. Dal-Tile states that pursuant to their agreement, each party will bear its own costs and fees. Pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure, we grant the motion in its entirety. TEX . R. APP . P. 42.1(a).

We dismiss the appeal, with costs and fees taxed against the party incurring same.

Bailey C. Moseley Justice Date Submitted: July 2, 2009 Date Decided: July 3, 2009