COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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