COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

OLD HAVANA INN, LLC AND HOTEL § HAVANA, LLC, No. 08-10-00191-CV § Appellants, Appeal from the § v. County Court at Law No. 10 § of Bexar County, Texas KIAN MASHADI AND SHAHRAM § YEKTARAD, INDIVIDUALLY AND (TC# 353779) D/B/A COOL CAFÉ, § Appellees.

MEMORANDUM OPINION Pending before the Court is a joint motion to dismiss. The motion states that the parties have reached a settlement agreement, resolving all issues and claims between them. The parties request an order releasing a certificate of deposit that was made in lieu of a supersedeas bond.

The motion is granted. See TEX .R.APP .P. 42.1(a)(2). All claims and counterclaims are dismissed with prejudice. In accordance with the parties’ agreement, the Bexar County Clerk shall release the certificate of deposit in lieu of supersedeas bond as follows: $25,000 to the Rosenblatt Law Firm, P.C. and the remaining balance to Hotel Havana, L.L.C. Because the motion does not address costs on appeal, those costs are taxed against Appellants. See TEX .R.APP .P. 42.1(d).

January 5, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.