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