MEMORANDUM OPINION

No. 04-06-00513-CV

Wade RINER,

Appellant

v.

HYPERION HOLDINGS, LLC,

Appellee

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CI-08537

Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan , Justice

Karen Angelini , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: October 4, 2006

MOTION TO DISMISS GRANTED ; DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion and dismiss the appeal.See Tex. R. App. P. 42.1(a)(1). 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).

PER CURIAM