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MEMORANDUM OPINION No. 04-09-00363-CV Ted KHORASANI, Appellant v. Estrella MARTINEZ, Appellee From the County Court No. 2, Bexar County, Texas Trial Court No. 334016 Honorable Irene Rios, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: November 11, 2009 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal. We grant the motion. See TEX . R. APP . P. 42.1(a)(1). Because the motion does not disclose an agreement of the parties regarding the assessment of costs, we order all costs assessed against appellant. See TEX . R. APP . P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM