COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS READYONE INDUSTRIES, INC., F/K/A § NATIONAL CENTER FOR No. 08-07-00265-CV EMPLOYMENT OF THE DISABLED, § Appeal from the Appellant, § 210th Judicial District Court v. § of El Paso County, Texas § ROBERT E. JONES and ROBERT E. (TC# 2007-4192) JONES, TRUSTEE OF JONES FAMILY § TRUST, § Appellee.

MEMORANDUM OPINION Pending before the Court is Appellant’s agreed motion to voluntarily dismiss this appeal pursuant to Texas Rule of Appellate Procedure 42.1(a). Appellant has moved to dismiss the appeal as moot since the parties have resolved their dispute regarding the three properties at issue in Jones’ underlying suit and subject of this appeal, and Appellee agrees. The Court concludes that the motion should be granted. Therefore, we dismiss the appeal with costs taxed against the Appellant since there is no agreement otherwise. See TEX .R.APP .P. 42.1 (d).

February 20, 2009 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, J., and Ables, Judge Ables, Judge (Sitting by Assignment)(Not Participating)