COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

SERGIO VALENZUELA SIERRA, § D/B/A TRANSPORTES ISA, No. 08-10-00163-CV § Appellant, Appeal from the § v. 346th Judicial District Court § of El Paso County, Texas YVETTE RENEE HERNANDEZ, § (TC# 2007-665) Appellee. §

MEMORANDUM OPINION Pending before the Court is Appellant’s motion to dismiss this appeal pursuant to TEX .R.APP .P. 42.1(a)(1), (2). The Appellant represents the parties have reached an agreement to settle and compromise in the underlying suit and asks that this Court to dismiss the appeal with prejudice and assess costs of appeal in accordance with the settlement.

Having reviewed the motion, we conclude the motion shall be GRANTED, and we dismiss the appeal with prejudice. See TEX .R.APP .P. 42.1(a)(2). Pursuant to the parties’ agreement, costs of appeal will be assessed against the party incurring the same. See TEX .R.APP .P. 42.1(d).

August 18, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.