COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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