COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS HECTOR KALUAKINI, § No. 08-09-00317-CV Appellant, § Appeal from the v. § 168th District Court ROBERTO CONTRERAS, § of El Paso County, Texas Appellee. § (TC# 2009-1291) § MEMORANDUM OPINION Pending before the Court is an agreed motion to dismiss this appeal pursuant to TEX . R. APP .

P. 42.1(a)(2) because the parties have entered into a settlement agreement and have agreed that the appeal should be dismissed. We grant the motion and dismiss the appeal. Costs of appeal will be paid by the party incurring the same, according to the parties’ agreement. See TEX . R. APP . P. 42.1(d).

GUADALUPE RIVERA, Justice May 19, 2010 Before Chew, C.J., McClure, and Rivera, JJ.