Ismael Morales, Jesus Ernesto Duran, Jr. and Southwest Commercial Engines v. Wagner Equipment Company--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ISMAEL MORALES, JESUS ERNESTO )

DURAN, JR. and SOUTHWEST )

COMMERCIAL ENGINES, ) No. 08-04-00147-CV

)

Appellants, ) Appeal from

)

v. ) 210th District Court

)

WAGNER EQUIPMENT COMPANY, ) of El Paso County, Texas

)

Appellee. ) (TC# 2003-843)

MEMORANDUM OPINION

Pending before the Court is a joint motion to dismiss the appeal filed pursuant to Tex.R.App.P. 42.1. According to the motion, the parties have settled all matters in controversy. Pursuant to Rule 42.1, we grant the motion and dismiss the appeal. The motion does not specify that the parties have reached an agreement regarding costs on appeal. Accordingly, costs are taxed against Appellant. See Tex.R.App.P. 42.1(d).

April 28, 2005

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.