COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ URIEL CHAVIRA, Individually and d/b/a MEXICO LINDO and LOS PAISANOS § AUTOBUSES, INC., No. 08-11-00186-CV § Appeal from the Appellants, § 327th District Court v. § of El Paso County, Texas ALBINO GAYTAN PIÑA, Individually § and as the Personal Representative of the (TC# 2005-8265) Estate of Teresa Lozano Acevedo, § Deceased, et al., Appellees.

MEMORANDUM OPINION The parties have filed a joint motion stating that they have fully resolved and settled all issues in dispute and asking that we render judgment in favor of Appellees, and against Appellants, in the amount of $5,000,000.00 to effectuate their settlement agreement. See TEX.R.APP.P. 42.1(a)(2)(A)(permitting appeals court to dispose of appeal by rendering judgment effectuating the parties’ agreement); TEX.R.APP.P. 43.2(c)(permitting appeals court to reverse the trial court’s judgment and render the judgment the trial court should have rendered). The motion does not, however, recite any agreement of the parties as to costs.

Because Appellants and the attorneys representing Appellees have signed the settlement agreement and filed it with the Clerk of this Court, we grant the motion.1 See TEX.R.APP.P.

In response to this Court’s order dated May 30, 2012 informing the parties that there was an error in the settlement agreement concerning the percentages attributable to the Appellees, the parties filed a joint response signed by their attorneys incorporating a revised settlement agreement reflecting the correct allocation of percentages. Although the settlement agreement itself was not re-executed, the joint response states: “[a]s shown by the signature of the 42.1(a)(2)(A)(requiring settlement agreement to be signed by the parties or their attorneys and filed with the clerk before appeals court can render judgment in accordance with the agreement).

Without reference to the merits, the judgment of the trial court is reversed and judgment is rendered in favor of Appellees, and against Appellants, in the amount of $5,000,000, to be divided, as agreed to by the parties, among Appellees on the following pro rata basis: Name of Party Allocation Percent Albino Gaytan Piña, as Personal Representative $ 136,891.96 2.697839060 of the Estate of Teresa Lozano Acevedo, Deceased $ 633,373.63 12.667472634 Albino Gaytan Piña, Individually $ 88,304.83 1.766096638 Jose Guadalupe Gaytan Lozano $ 88,304.83 1.766096638 Luz Maria Gaytan Lozano $ 88,304.83 1.766096638 Maria Elena Gaytan Lozano $ 88,304.83 1.766096638 Clara Gaytan Lozano $ 128,908.47 2.578169275 Gloria Gaytan Lozano Josefa Marquez Ocana, as Personal Representative $ 111,686.88 2.233737554 of the Estate of Ascencion Ramirez Caravco, Deceased $ 795,788.16 15.915763179 Josefa Marquez Ocana, Individually $ 88,304.83 1.766096638 Elisa Ramirez Marquez $ 88,304.83 1.766096638 Manuela Yasmin Ramirez Marquez $ 88,304.83 1.766096638 Jorge Alonzo Ramirez Marquez $ 774,557.67 15.491153377 Maria Aguilar $ 1,475,710.05 29.514201033 Roberto Pacheco $ 30,369.79 0.607359829 Ariosto Manriquez $ 87,972.21 1.759444200 Manuel Parra

attorneys for all parties below, the parties are in agreement . . . .” $ 208,607.37 4.172147393 Magdeleno Borrego-Lares $ 5,000,000.00 100.00% Total We assess all costs of this appeal against Appellants. See TEX.R.APP.P. 42.1(d)(requiring appeals court to assess costs against appellant absent an agreement by the parties).

July 5, 2012 CHRISTOPHER ANTCLIFF, Justice Before McClure, C.J., Rivera, and Antcliff, JJ.