COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § THREE LEGGED MONKEY, L.P., JAMES MICHAEL ARMSTRONG, § No. 08-12-00182-CV AND 2700 N. MESA, LLC, § Appeal from Appellants/Cross-Appellees, § 327th District Court v. § of El Paso County, Texas IRENE BORUNDA, ROBERT BORUNDA, JOHN BILLINGSLEA, § (TC # 2012-DCV00099) AND ANNA NAZARIO, § Appellees/Cross-Appellants.

§ MEMORANDUM OPINION Pending before the Court is a joint motion to dismiss the appeal and cross-appeal because the parties have resolved their disputes. See TEX.R.APP.P. 42.1(a)(2). The motion also reflects that the parties have made an agreement regarding costs. We grant the motion and dismiss the appeal and cross-appeal with prejudice. Pursuant to the parties’ agreement, we order that costs are taxed against the party incurring them. See TEX.R.APP.P. 42.1(d).

December 18, 2013 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.

Rivera, J., not participating