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MEMORANDUM OPINION No. 04-09-00329-CV Ronyld W. WISE and PLS, Inc., Appellants v. LINDOW & TREAT LLP and David Treat, Appellees From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-16418 Honorable David A. Berchelmann, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: December 9, 2009 JOINT MOTION TO DISMISS GRANTED; DISMISSED The parties filed a joint motion to dismiss this appeal. We grant the motion. See TEX . R. APP .

P. 42.1(a)(2). We order all costs assessed against appellants. See TEX . R. APP . P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM