MEMORANDUM OPINION No. 04-10-00340-CV IN THE ESTATE OF David Olin JONES, Deceased From the Probate Court No 2, Bexar County, Texas Trial Court No. 2007-PC-2956 Honorable Tom Rickhoff, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: August 31, 2010 DISMISSED On June 25, 2010, this appeal was abated until August 9, 2010 for mediation. On July 26, 2010, appellant filed a motion to dismiss this appeal. The appellee has not filed a response opposing the motion to dismiss. Therefore, we reinstate the appeal, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a). Costs of the appeal are taxed against appellant.

See id. 42.1(d).

PER CURIAM