Opinion
No. 08-08-00051-CV
March 31, 2010.
Appeal from the 65th District Court of El Paso County, Texas, (TC# 2005CM6706).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
Pending before the Court is Appellant's motion for rehearing. We grant the motion for rehearing and withdraw our opinion and judgment issued on February 17, 2010. Further, we withdraw our order issued on February 24, 2010 denying the joint motion to dismiss the appeal pursuant to TEX.R.APP.P. 42.1. The motion to dismiss is based upon a Rule 11 agreement signed by the parties on January 27, 2010. We grant the joint motion and dismiss the appeal in accordance with the terms of the Rule 11 agreement. We assess costs against Appellant because the parties have made no agreement regarding costs. See TEX.R.APP.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).