COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JOHNNY EADS, § No. 08-08-00061-CV Appellant, § Appeal from the v. § 34th District Court MBNA AMERICA BANK, N.A., § of El Paso County, Texas Appellee. § (TC#2006-1466) § MEMORANDUM OPINION Pending before the Court is Appellant’s motion to dismiss the appeal pursuant to TEX .R.APP .P. 42.1(a)(1). Appellant has complied with the requirements of TEX .R.APP .P. 42.1(a)(1).

Having considered the motion, we conclude it should be granted because no party will be denied relief to which it would otherwise be entitled. Therefore, we grant Appellant’s motion to dismiss, and in accordance with the parties’ agreement, costs are taxed against the party incurring the same.

See TEX .R.APP .P. 42.1(d).

GUADALUPE RIVERA, Justice June 17, 2009 Before Chew, C.J., McClure, and Rivera, JJ.