COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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.