Opinion
No. 04-09-00799-CV
Delivered and Filed: May 5, 2010.
Appealed from the 408th Judicial District Court, Bexar County, Texas, Trial Court No. 2008-CI-00774, Honorable Solomon Casseb, III, Judge Presiding.
Motion to Dismiss Granted; Dismissed.
Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellee filed a motion to dismiss this appeal, and appellant filed a response indicating its agreement with the motion. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Because the motion does not disclose an agreement of the parties regarding the assessment of costs, we order all costs assessed against appellant. See TEX. R. APP. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).