Opinion
No. 08-08-00265-CV
May 28, 2010.
Appeal from 394th District Court of Jeff Davis County, Texas, (TC #2237).
Before CHEW, C.J., McCLURE, J., and BARAJAS, C.J. (Ret.).
BARAJAS, C.J. (Ret.), sitting by assignment.
MEMORANDUM OPINION
Pending before the Court is a joint motion to dismiss the appeal pursuant to TEX.R.APP.P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal with prejudice. The joint motion does not state the parties have agreed regarding the assessment of costs. Accordingly, we assess costs against Appellant. See TEX.R.APP.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).