COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § HECTOR CALDERON, No. 08-08-00265-CV § Appellant, Appeal from § v. 394th District Court § ROY B. FERGUSON and of Jeff Davis County, Texas PENE S. FERGUSON, § (TC #2237) Appellees. §

MEMORANDUM OPINION Pending before the Court is a joint motion to dismiss the appeal pursuant to TEX .R.APP .P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal with prejudice. The joint motion does not state the parties have agreed regarding the assessment of costs. Accordingly, we assess costs against Appellant. See TEX .R.APP .P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).

May 28, 2010 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment