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MEMORANDUM OPINION No. 04-08-00552-CV ELEVATED RESTAURANT GROUP, L.P., Appellant v. RIDGE BLUFF PARTNERS, LTD. and Fulcrum Property Group, Inc., Appellees From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-09687 Honorable Michael Peden, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: October 29, 2008 DISMISSED Appellant has filed a motion to dismiss this appeal. The motion is unopposed by appellees as evidenced by their attorney’s signature. Therefore, we grant the motion and dismiss the appeal.

See TEX . R. APP . P. 42.1(a)(1). Costs of the appeal are taxed against the parties who incurred them.

PER CURIAM