MEMORANDUM OPINION No. 04-08-00891-CV DISCOVER SPECIALTY INSURANCE COMPANY, Appellant v. METROPOLITAN CONTRACTING COMPANY, LTD., Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-20360 (Severance from Trial Court No. 2005-CI-13249) Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: March 25, 2009 DISMISSED Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, who has not opposed the motion. We, therefore, grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

PER CURIAM