MEMORANDUM OPINION No. 04-10-00557-CV Kevin T. CLAYTON, Appellant v. Jesus LEMUS, Appellee From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-10-34 Honorable Alex William Gabert, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: December 15, 2010 DISMISSED Appellant has filed an unopposed motion to dismiss this appeal. The motion states that counsel for appellee is unopposed to 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.

PER CURIAM