COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS LYNN GOODE, § No. 08-12-00130-CV Appellant, § Appeal from the v. § 394th District Court TIMOTHY J. CROWLEY, of Presidio County, Texas § Appellee. (TC# 7066) §

MEMORANDUM OPINION Appellant, Lynn Goode, has filed a motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.1(a)(1) because the parties have settled all matters in dispute. We grant the motion and dismiss the appeal. Pursuant to the parties’ agreement, we assess costs against the party incurring same. See TEX. R. APP. P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

GUADALUPE RIVERA, Justice September 19, 2012 Before McClure, C.J., Rivera, J., and Antcliff, J.

McClure, C.J., not participating