Opinion
No. 04-09-00769-CV
Delivered and Filed: May 19, 2010.
Appealed from the 79th Judicial District Court, Jim Wells County, Texas, Trial Court No. 09-01-47706-CV, Honorable Richard C. Terrell, Judge Presiding.
Motion to Dismiss Granted in Part, and Denied in Part; Appeal Dismissed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellants filed a motion to dismiss this appeal. In the motion, appellants also asked that we "tax costs of this appeal against the parties that have incurred them." We grant the motion in part, and deny it in part. More specifically, we grant appellants' motion to dismiss the appeal, but deny their request to tax costs against the parties that incurred them. See TEX. R. APP. P. 42.1(a)(1); TEX. R. APP. P. 42.1(d). Rule 42.1(d) states that absent an agreement of the parties, costs are taxed against the appellant. TEX. R. APP. P. 42.1(d). Appellants have not asserted that appellee agreed to pay its own costs. Accordingly, we grant the motion to dismiss the appeal, dismiss the appeal, and order costs taxed against appellants.