COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

DOUGLAS GILSTRAP, THOMAS § MCCABE, AND MYRON TATARYN / RADIANZ LTD., AND RADIANZ § AMERICAS, INC.., No. 08-08-00131-CV § Appellants/Cross-Appellants, Appeal from the § v. 68th Judicial District Court § of Dallas County, Texas RADIANZ LTD., AND RADIANZ § AMERICAS, INC. / DOUGLAS (TC# 07-8507) GILSTRAP, THOMAS MCCABE, AND § MYRON TATARYN, § Appellees/Cross-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). According to the motion, the parties have reached an agreement to settle and compromise the underlying dispute, and have agreed to dismiss the appeals and cross- appeals. The motion complies with the requirements of Rule 42.1(a)(2).

We have considered the motion and conclude it should be granted. We therefore GRANT the agreed motion and dismiss the appeals. 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).

January 29, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.