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MEMORANDUM OPINION No. 04-09-00758-CV Gordon W. BOBBITT, Appellant v. SCENIC HILLS COMMUNITY ASSOCIATION, INC. and Robert Statzer, President, Appellees From the County Court at Law No. 1, Guadalupe County, Texas Trial Court No. 2009-CV-0341 Honorable Linda Z. Jones, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: January 13, 2010 DISMISSED Appellant filed a motion to dismiss this appeal with each party bearing its own costs.

However, the motion does not contain a certificate of conference or any attachment reflecting an agreement of the parties regarding the assessment of costs. See TEX . R. APP . P. 42.1(d) (absent agreement of parties, costs are taxed against appellant). Accordingly, we grant the motion to 04-09-00758-CV dismiss, but order all costs of the appeal assessed against appellant. See TEX . R. APP . P. 42.1(a)(1), (d).

PER CURIAM

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