COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § AMERICAN HOME ASSURANCE No. 08-09-00133-CV COMPANY, § Appeal from Appellant, § 168th District Court v. § of El Paso County, Texas MICHAEL AGUILAR, § (TC # 2008-1887) 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) because the parties have settled the dispute. We grant the motion and dismiss the appeal. Costs are assessed against Appellant. See TEX .R.APP .P. 42.1(d)(absent agreement of the parties, costs are taxed against the appellant).

November 24, 2009 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ.

Rivera, J., not participating