COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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 that the parties have reached an agreement to settle and compromise the dispute and requests that this Court dismiss the appeal. Appellee has not objected to the motion, and there is no indication that dismissal would prevent Appellee from seeking the relief to which she would otherwise be entitled. See Tex. R. App. P. 42.1(a)(1). We therefore grant Appellant's motion, and dismiss the appeal. 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).

GUADALUPE RIVERA, Justice

November 12, 2009

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

Chew, C.J., not participating