BRJ Paving, Inc. d/b/a BRJ Enterprise v. For The Fence Of It, LLC d/b/a Waco Fence Appeal from 80th District Court of Harris County (memorandum opinion per curiam)

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Opinion issued July 6, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00798-CV ——————————— BRJ PAVING, INC. D/B/A BRJ ENTERPRISE, Appellant V. FOR THE FENCE OF IT, LLC D/B/A WACO FENCE, Appellee On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2019-15295 MEMORANDUM OPINION Appellant, BRJ Paving, Inc., doing business as BRJ Enterprise, representing that the parties have reached a settlement agreement resolving their underlying dispute, has filed an unopposed motion to dismiss its appeal. The motion requests that the parties bear their own appellate costs. See TEX. R. APP. P. 42.1(d). The certificate of conference indicates counsel for appellee, For the Fence of It, LLC doing business as Waco Fence, is unopposed to the motion. No cross appeal has been filed, and no opinion has issued. See TEX. R. APP. P. 42.1(c). Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We direct the Clerk for this Court that costs are to be taxed against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). We dismiss any pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Landau and Countiss. 2

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