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MEMORANDUM OPINION

No. 04-09-00345-CV In the Matter of the ESTATE OF Elisa R. CANTU, Deceased, From the Probate Court No. 1, Bexar County, Texas Trial Court No. 1999-PC-0683 Honorable Polly Jackson Spencer, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: July 29, 2009 MOTION TO WITHDRAW APPEAL GRANTED AND APPEAL DISMISSED On June 17, 2009, we issued a show cause order in this appeal requiring appellant to show cause why the appeal should not be dismissed for lack of jurisdiction; it appeared the trial court’s judgment did not dispose of all the issues in the case. In response, appellant filed a motion to withdraw the appeal, stating the trial court’s judgment was not a final judgment for purposes of appeal. We therefore grant appellant’s motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(1). 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