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MEMORANDUM OPINION No. 04-09-00769-CV CONTRACTOR’S MOWING AND MAINTENANCE COMPANY d/b/a CMM Company, Inc., and Oscar Martin Israel, Appellants v. BRITE STAR SERVICES, LTD., Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 09-01-47706-CV Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: May 19, 2010 MOTION TO DISMISS GRANTED IN PART, AND DENIED IN PART; APPEAL DISMISSED Appellants filed a motion to dismiss this appeal. In the motion, appellants also asked that we “tax costs of this appeal against the parties that have incurred them.” We grant the motion in part, and deny it in part. More specifically, we grant appellants’ motion to dismiss the appeal, but deny their request to tax costs against the parties that incurred them. See TEX . R. APP . P. 42.1(a)(1); TEX . R. APP . P. 42.1(d). Rule 42.1(d) states that absent an agreement of the parties, costs are taxed 04-09-00769-CV

against the appellant. TEX . R. APP . P. 42.1(d). Appellants have not asserted that appellee agreed to pay its own costs. Accordingly, we grant the motion to dismiss the appeal, dismiss the appeal, and order costs taxed against appellants.

PER CURIAM

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