Opinion
No. 08-07-00310-CV
January 17, 2008.
Appeal from County Court at Law No. 6 of El Paso County, Texas, (TC # 2002-5621).
Before CHEW, C.J., McCLURE, and CARR, JJ.
MEMORANDUM OPINION
Pending before the Court is the joint motion of Appellant, Joseph Bender, and Appellees, T.M. Circle Ltd. and Diamond Shamrock Refining and Marketing Company, to dismiss this appeal pursuant to Tex.R.App.P. 42.1 because the parties have entered into a settlement agreement. We grant the motion and dismiss the appeal. The motion does not reflect that the parties have reached an agreement regarding the payment of costs. Accordingly, costs are taxed against Appellant. See Tex.R.App.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).