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MEMORANDUM OPINION No. 04-08-00296-CV Omar Salazar MENDOZA and Juan Alfonso Escobedo, Individually and as Next Friends of Juan De Dios Escobedo, a Minor, and Miguel Angel Escobedo, a Minor, Appellants v. Enrique Mejia MONTIEL, Roland Aguilar, and Armada’s Rebar & Concrete Company, Appellees From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-05435 Honorable Gloria Saldana, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: November 26, 2008 DISMISSED 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).

PER CURIAM