COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JAREN, L.L.C., § No. 08-10-00041-CV Appellant, § Appeal from the v. § County Court at Law No. 3 MARIETTA DIANA RODRIGUEZ AND ROBERT WARICK, INDEPENDENT § of El Paso County, Texas ADMINISTRATOR OF THE ESTATE OF DESTINY RODRIGUEZ, § (TC# 2008-413) DECEASED, AND TIFFANY MICHELLE RODRIGUEZ AND BNSF § RAILWAY COMPANY, Appellees.

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. Pursuant to the parties’ agreement, costs are assessed against the party by whom incurred. See TEX . R. APP. P. 42.1(d).

GUADALUPE RIVERA, Justice April 14, 2010 Before Chew, C.J., McClure, and Rivera, JJ.