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MEMORANDUM OPINION

No. 04-08-00918-CV TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant v. Roumaldo PENA Jr., Appellee From the 381st Judicial District Court, Starr County, Texas Trial Court No. DC-08-59 Honorable Jose Luis Garza, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: March 4, 2009 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal. We grant the motion. 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