Deborah H. Martinez v. Fernando A. Martinez--Appeal from 224th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00549-CV

Deborah H. MARTINEZ,

Appellant

v.

Fernando A. MARTINEZ,

Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-19080

Honorable Janet Littlejohn, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 14, 2005

DISMISSED

Appellant has filed a motion to dismiss this appeal, stating that the parties have settled. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2). Appellant also requests that we tax costs of appeal against the party incurring same. However, [a]bsent agreement of the parties, the court will tax costs against the appellant. See id. 42.1(d). Here, there is no indication that the parties have agreed to tax costs against the party incurring same. We, therefore, order that costs of the appeal are taxed against appellant. See id.

PER CURIAM