ECI SOFTWARE SOLUTIONS INC FORMERLY KNOWN AS COMMERCE INDUSTRIES INC APPELLANT v. PROSPERITY COMPUTER SOLUTIONS LLC WADE ELLISON DAVID BLACKSTONE AND DAVID HOUSER APPELLEES (2016)

MEMORANDUM OPINION

ECI Software Solutions, Inc., formerly known as E Commerce Industries, Inc., has filed an agreed motion to dismiss this appeal. In its motion, ECI states that the parties have reached a resolution of their dispute and have agreed to dismiss the appeal. The motion is signed by counsel for each party. Because ECI has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), we grant the agreed motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). In accordance with the parties' agreement, costs on appeal are taxed against the party incurring them. See TEX. R. APP. P. 42.1(d).

THIS CAUSE came on to be heard on the agreed motion of the Appellant to dismiss the appeal herein, and the same being considered, it is the opinion of this court that the motion to dismiss be granted.

It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed and that all costs of this appeal be, and the same are, adjudged against the party that incurred them; for which execution may issue; and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

PER CURIAM