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MEMORANDUM OPINION No. 04-08-00260-CV Richard CRUMLY, Appellant v. ARNOLD MOOS COMPANY, et al., Appellees From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CI-10570 Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: November 5, 2008 DISMISSED The parties have filed a joint motion to dismiss this appeal. We grant the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(1). Costs of appeal are assessed against appellant.

PER CURIAM