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MEMORANDUM OPINION No. 04-09-00525-CV EMC MORTGAGE CORPORATION, As Servicing Agent for Bankers Trust Company, As Owner Trustee for UCFC Home Equity Loan Owner Trust 1998-BA, Created Pursuant to a Trust Agreement, Dated as of September 1, 1998, between UCFC Acceptance Corporation, as Depositor, Appellant v. John K. SAUNDERS, Independent Executor of the Estate of Douglas L. Saunders, Deceased, Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-05026 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: October 28, 2009 DISMISSED Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to Appellee John K. Saunders who has not opposed the motion. We, therefore, grant the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(2).

PER CURIAM