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MEMORANDUM OPINION No. 04-08-00163-CV MANN DEVELOPMENT, LTD., Appellant v. CITY OF SAN ANTONIO, Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-05367 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: August 13, 2008 DISMISSED Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, and the appellee has not opposed the motion. 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 appellant.

PER CURIAM