COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § GERARDO MALDONADO, INDIVIDUALLY, § No. 08-08-00234-CV Appellant, § Appeal from v. § 327th District Court HENRY TAYLOR, INDIVIDUALLY § of El Paso County, Texas AND D/B/A HENRY TAYLOR INVESTMENTS, § (TC # 2006-4803) Appellee. § MEMORANDUM OPINION Pending before the Court is an agreed motion to affirm the judgment of the trial court pursuant to TEX .R.APP .P. 42.1(a)(2) which permits this Court to render judgment effectuating the parties’ agreement. We therefore grant the motion and affirm the judgment of the trial court in accordance with the agreement of the parties. The parties’ agreement does not reflect how costs should be allocated. Accordingly, costs are taxed against Appellant. See TEX .R.APP .P. 42.1(d).

April 9, 2009 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ.

Chew, C.J., not participating