COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS KELLY GUY HERRING, § No. 08-08-00195-CV Appellant, § Appeal from the v. § 109th District Court LPP MORTGAGE, LTD., § of Andrews County, Texas Appellee. § (TC#17,340) § 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 do so with prejudice. In accordance with the parties’ agreement, costs are taxed against the party incurring same. See TEX .R.APP .P. 42.1(d).

GUADALUPE RIVERA, Justice March 19, 2009 Before Chew, C.J., McClure, and Rivera, JJ.