COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Pending before the Court is Appellant’s motion for rehearing. We grant the motion for rehearing and withdraw our opinion and judgment issued on February 17, 2010. Further, we withdraw our order issued on February 24, 2010 denying the joint motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1. The motion to dismiss is based upon a Rule 11 agreement signed by the parties on January 27, 2010. We grant the joint motion and dismiss the appeal in accordance with the terms of the Rule 11 agreement. We assess costs against Appellant because the parties have made no agreement regarding costs. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

March 31, 2010                                                          

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.