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MEMORANDUM OPINION No. 04-09-00799-CV INNOVATIVE CONTROL SYSTEMS, INC., Appellant v. JALIN, LTD. d/b/a My Car Wash, Appellee From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-00774 Honorable Solomon Casseb, III, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: May 5, 2010 MOTION TO DISMISS GRANTED; DISMISSED Appellee filed a motion to dismiss this appeal, and appellant filed a response indicating its agreement with the motion. Accordingly, we grant the motion and dismiss the appeal. 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