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MEMORANDUM OPINION No. 04-09-00635-CV In the INTEREST OF S.S., R.L.S., and G.S., Children From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 1976-CI-11715 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: December 9, 2009 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal with each party bearing its own costs.

However, the motion does not contain a certificate of conference or any attachment reflecting an agreement of the parties regarding the assessment of costs. See TEX . R. APP . P. 42.1(d) (absent agreement of parties, costs are taxed against appellant). Accordingly, we grant the motion to dismiss, but order all costs of the appeal assessed against appellant. See TEX . R. APP . P. 42.1(a)(1), (d).

PER CURIAM