Opinion
No. 08-05-00169-CV
June 9, 2005.
Appeal from 346th District Court of El Paso County, Texas, (Tc# 2003-5546).
Before BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
Pending before the Court is Appellant's motion to dismiss this 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 motion does not reflect that the parties reached an agreement regarding the assessment of costs on appeal. Accordingly, we are required to assess costs on appeal against Appellant. See Tex.R.App.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).