Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00004-CV CLEAR CREEK ENERGY, LLC, Appellant v. Kent SCHWARTZ and Daina SchwartzAppellees Kent SCHWARTZ and Daina Schwartz, Appellees From the 81st Judicial District Court, Atascosa County, Texas Trial Court No. 10-04-0253-CVA Honorable Stella Saxon, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: June 26, 2013 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant filed a motion to dismiss this appeal with each party bearing its own costs.

Appellant’s counsel has certified that he has conferred with opposing counsel who does not oppose the motion. Accordingly, we grant the motion. See TEX. R. APP. P. 42.1(a)(1). All costs of appeal are taxed against the party who incurred them. See TEX. R. APP. P. 42.1(d).

PER CURIAM