Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00059-CV D’SPAIN CONSTRUCTION L.L.C., Appellant v. George Samuel LUDOLF, Appellees From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 20-274 Honorable Kirsten Cohoon, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: September 22, 2021 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal. 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