COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS BLUEBERRY SALES, L.L.P., § No. 08-07-00239-CV Appellant, § Appeal from the v. § 327th District Court BARRY CALLEBAUT AG, § of El Paso County, Texas Appellee. § (TC# 2006-1437) § MEMORANDUM OPINION Pending before the Court is the joint motion of Appellant, Blueberry Sales, L.L.P., and Appellee, Barry Callebaut, to dismiss this appeal pursuant to TEX . R. APP . P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal with prejudice.

Pursuant to the parties’ agreement, we assess costs against the party incurring same. See TEX .R.APP .P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

ANN CRAWFORD McCLURE, Justice June 3, 2009 Before McClure, J., Ables, Judge, and Gomez, Judge Ables, Judge, sitting by assignment Gomez, Judge, sitting by assignment