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MEMORANDUM OPINION No. 04-08-00776-CV Louise V. KANDAKAI, Appellant v. Stephen Michael TENNISON, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-18310 Honorable David A. Berchelmann, Jr., Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: February 11, 2009 DISMISSED Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, and the appellee has not opposed the motion. 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 appellant.

See TEX . R. APP . P. 42.1(d).

PER CURIAM