Opinion
No. 04-05-00549-CV
Delivered and Filed: September 14, 2005.
Appeal from the 224th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CI-19080, Honorable Janet Littlejohn, Judge Presiding.
Dismissed.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellant has filed a motion to dismiss this appeal, stating that the parties have settled. We grant the motion and dismiss the appeal. See Tex.R.App.P. 42.1(a)(2). Appellant also requests that we tax costs of appeal against the party incurring same. However, "[a]bsent agreement of the parties, the court will tax costs against the appellant." See id. 42.1(d). Here, there is no indication that the parties have agreed to tax costs against the party incurring same. We, therefore, order that costs of the appeal are taxed against appellant. See id.