RLI INSURANCE COMPANY,

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine M. Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 3, 2004

DISMISSED IN PART

Cross-Appellant, Philip Graham d/b/a Graham Construction, has filed a motion to dismiss the pending cross-appeal against cross-appellees, Guerrero-McDonald & Associates, Inc., and RLI Insurance Company. The motion contains a certificate of service to cross-appellees, who have not opposed the motion. Therefore, we grant the motion and dismiss the cross-appeal. See Tex. R. App. P. 42.1(a)(1). The appeal by appellants, Guerrero-McDonald & Associates, Inc., and RLI Insurance Company, against appellee, Philip Graham d/b/a Graham Construction, is retained on the docket of this court. See id. As between cross-appellant and cross-appellees, costs of the cross-appeal are assessed against the party who incurred them.

PER CURIAM