Opinion
No. 08-10-00001-CV
February 25, 2010.
Appeal from the Country Court at Law No. 3 of El Paso County, Texas, (TC# 2007-5320).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
Pending before the Court is Appellant's motion to dismiss this appeal pursuant to TEX.R.APP.P. 42.1(a)(1). Appellant has complied with the requirements of TEX.R.APP.P. 42.1(a)(1), and having considered the motion we conclude it should be granted as to the dismissal request. However, Appellant also requests that this Court assess costs against the incurring party. Texas Rule of Appellate Procedure 42.1(d) permits this Court to assess costs against the incurring party only pursuant to an agreement between the parties. See TEX.R.APP.P. 42.1(d) (stating that "[a]bsent agreement of the parties, the court will tax costs against the appellant."). As the motion does not indicate the parties have agreed otherwise, we must tax costs against Appellant. TEX.R.APP.P. 42.1(d). Therefore, we GRANT Appellant's motion to dismiss, and DENY Appellant's motion to share costs. The appeal is dismissed and costs will be taxed against Appellant.