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MEMORANDUM OPINION No. 04-09-00673-CV MORGAN ENGINEERING SYSTEMS, INC., Appellant v. Patricia M. GALINDO, Appellee From the 293rd Judicial District Court, Maverick County, Texas Trial Court No. 08-02-23240-MCV Honorable Cynthia L. Muniz, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: February 3, 2010 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal. We grant the motion. 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