BRJ Paving, Inc. D/B/A BRJ Enterprise v. for the Fence of It, LLC D/B/A Waco Fence

Opinion issued July 6, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-20-00798-CV ———————————

BRJ PAVING, INC. D/B/A BRJ ENTERPRISE, Appellant V.

FOR THE FENCE OF IT, LLC D/B/A WACO FENCE, Appellee

On Appeal from the 80th District Court Harris County, Texas

Trial Court Case No. 2019-15295

MEMORANDUM OPINION

Appellant, BRJ Paving, Inc., doing business as BRJ Enterprise, representing that the parties have reached a settlement agreement resolving their underlying dispute, has filed an unopposed motion to dismiss its appeal. The motion requests that the parties bear their own appellate costs. See TEX. R. APP. P. 42.1(d). The certificate of conference indicates counsel for appellee, For the Fence of It, LLC doing business as Waco Fence, is unopposed to the motion. No cross appeal has been filed, and 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), 43.2(f). We direct the Clerk for this Court that costs are to be taxed against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Landau and Countiss.