MEMORANDUM OPINION No. 04-09-00371-CV HIGHLAND HOMES, LTD., Appellant v. BENNY & BENNY CONSTRUCTION COMPANY, Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-18132 Honorable Andy Mireles, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: July 28, 2010.

DISMISSED Appellant has filed an unopposed motion to dismiss this appeal. The motion is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). Costs of the appeal are taxed against the parties who incurred them.

PER CURIAM