Opinion
No. 04-10-00765-CV
Delivered and Filed: February 2, 2011.
Appealed from the 285th Judicial District Court, Bexar County, Texas, Trial Court No. 2009-CI-16363, Honorable Larry Noll, Judge Presiding.
Motion to Dismiss Granted; Appeal Dismissed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
By order of this court, oral argument in this case was set for January 26, 2011. However, on January 21, 2011, appellees filed a notice of nonsuit of all their claims in the trial court, with a courtesy copy filed in this court. In response, appellant filed a motion to dismiss this appeal, and requested that we assess costs against appellees. We grant the motion. See TEX. R. APP. P. 42.1(a)(1). We order all costs assessed against appellees. See TEX. R. APP. P. 43.4 (stating that in civil cases, court of appeals may, for good cause, tax costs in contravention of general rules governing costs).