COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ' DAVITA EL PASO EAST, L.P. d/b/a No. 08-12-00162-CV DAVITA EAST DIALYSIS, ' Appeal from Appellant, ' 448th District Court v. ' of El Paso County, Texas ' LUCY FREEMAN, ' (TC # 2009-4646) Appellee.

MEMORANDUM OPINION Pending before the Court is a joint motion to dispose of the appeal in accordance with the parties’ agreement as permitted by TEX.R.APP.P. 42.1(a)(2). The motion is granted.

Accordingly, we reverse the judgment of the trial court and remand the cause for entry of an agreed dismissal with prejudice pursuant to the terms of the parties’ settlement agreement.

Pursuant to the parties’ agreement, costs are taxed against the party incurring same. See TEX.R.APP.P. 42.1(d).

July 31, 2012 ________________________________________________ ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Antcliff, JJ.