Opinion
No. 04-08-00296-CV
Delivered and Filed: November 26, 2008.
Appealed from the 224th Judicial District Court, Bexar County, Texas, Trial Court No. 2008-CI-05435, Honorable Gloria Saldana, Judge Presiding.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellants have filed a "Notice of Nonsuit," stating that the appeal is now moot. Thus, they request that we dismiss their appeal. We construe appellants' notice of nonsuit as a motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1. Appellees have not opposed the motion. Therefore, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a). Costs of appeal are taxed against appellants. See id. 42.1(d).