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MEMORANDUM OPINION

No. 04-09-00135-CV Sheriff Rick FLORES, Appellant v. Urbano ROSAS, Appellee From the County Court at Law No. 1, Webb County, Texas Trial Court No. 2008-CVQ-000531-C1 Honorable Alvino (Ben) Morales, Judge Presiding

PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: April 8, 2009 DISMISSED Appellant has filed a motion to dismiss this accelerated appeal of an interlocutory order, stating that the appellee has non-suited the underlying cause. Appellee has not opposed the dismissal. Therefore, we grant the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(1).

Costs of the appeal are taxed against the appellant.

PER CURIAM