MEMORANDUM OPINION No. 04-10-00349-CV BETTER-BUILT ENTERPRISES, INC., Appellant v. RAST IRON WORKS COMPANY, INC., First National Bank Group, Inc., and Quincy Joist Company, Inc., Appellees From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-20507 Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: September 29, 2010 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). Because the motion does not disclose an agreement of the parties regarding the assessment of costs, 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