Javier Borgaro v. Sara Alvarez-Borgaro ( 2013 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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JAVIER BORGARO, No. 08-12-00279-CV
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Appellant, Appeal from
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v. 383rd District Court
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SARA ALVAREZ-BORGARO, of El Paso County, Texas
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Appellee. (TC # 2010-CM-8109)
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MEMORANDUM OPINION
Pending before the Court is a joint motion filed by Appellant, Javier Borgaro, and
Appellee, Sara Alvarez-Borgaro, to dismiss this appeal because the parties have entered into a
mediated settlement agreement. See TEX.R.APP.P. 42.1(a)(2). The Court previously abated the
appeal in order for the trial court to enter an agreed judgment in accordance with the terms of the
mediated settlement agreement. The trial court has entered the agreed judgment. We therefore
reinstate the appeal in order to rule on the motion to dismiss. We grant the motion and dismiss
the appeal with prejudice. The record before us, including the motion to dismiss and the
settlement agreement, does not reflect that the parties have made any agreement regarding the
assessment of costs. Pursuant to Rule 42.1(d), 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).
June 12, 2013
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Antcliff, JJ.
Antcliff, J., not participating
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