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MEMORANDUM OPINION No. 04-09-00784-CV Sunil Ramchand SAMTANI, Appellant v. Ramakrishna CHERUKURI, Individually and as Representative of New York Fragrance, Inc., Appellee From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2009-CVQ-001100-D1 Honorable Jose A. Lopez, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: February 10, 2010 MOTION TO DISMISS GRANTED; DISMISSED Appellant has filed a written notice advising the court that he filed in the trial court a notice of nonsuit of the underlying cause and that this appeal is therefore moot. We construe the notice as a motion to dismiss the appeal and grant the motion. See TEX . R. APP . P. 42.1(a)(1). Because appellant does not disclose an agreement between the parties regarding the assessment of costs, we 04-09-00784-CV

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

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