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MEMORANDUM OPINION No. 04-09-00217-CV E.E. HOOD & SONS, INC., Appellant v. Matias Chapa PEREZ and Sonia San Juanita Sanchez Chapa, Individually and on behalf of Matias Chapa Sanchez, Daisy Amaranti Chapa Sanchez, and Deyra Natalie Chapa Sanchez, Minors Appellees From the 293rd Judicial District Court, Dimmit County, Texas Trial Court No. 06-10-10496-DCV Honorable Cynthia L. Muniz, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: November 11, 2009 DISMISSED; JOINT MOTION TO DISMISS GRANTED The parties filed a joint motion to dismiss this appeal. We grant the motion. See TEX . R. APP .

P. 42.1(a)(2). Because the motion does not disclose an agreement of the parties regarding 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