COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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