i i i i i i

MEMORANDUM OPINION No. 04-07-00357-CV BTEX RANCH, L.P., Appellant v. KENDALL COUNTY, TEXAS, Appellee From the 216th Judicial District Court, Kendall County, Texas Trial Court No. 06-500 Honorable Michael P. Peden, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: August 13, 2008 DISMISSED Appellant has filed an unopposed motion to dismiss this appeal. The motion contains a certificate of service to appellee, and appellee does not oppose 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