Opinion issued June 27, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00882-CV ——————————— THU BINH SI HO, Appellant V. CAPITAL ONE, Appellee

On Appeal from the 164th District Court Harris County, Texas Trial Court Cause No. 2011-59158

MEMORANDUM OPINION Appellant, Thu Binh Si Ho, moves to dismiss the appeal, stating that the parties have reached an agreement to settle the underlying case. See TEX. R. APP. P. 42.1(a)(1). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant requests that each party be ordered to bear its own costs. The motion does not reflect that there is an agreement of the parties regarding the assessment of appellate costs; accordingly, the costs of appeal will be assessed against appellant. See TEX. R. APP. P. 42.1(d) (absent agreement of parties, costs are taxed against appellant).

We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Higley, and Bland.