Opinion filed August 24, 2023

In The Eleventh Court of Appeals ___________ No. 11-23-00121-CV ___________ SBA COMMUNICATIONS CORP., Appellant, V. QUALYAN MOORE, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV2010443

MEMORANDUM OPINION Appellant has filed in this court an unopposed motion to dismiss this accelerated appeal. In the motion, Appellant states that it no longer desires to pursue the appeal, and that it “voluntarily seeks dismissal because Appellee dismissed with prejudice his claims against Appellant.” In accordance with Appellant’s request, we dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1).

We note that Appellant requests that the “costs [be] borne by the party that incurred them.” While Appellant’s motion contains a certificate of conference that states that it has conferred with opposing counsel, who is “unopposed to the relief sought in this motion,” it does not indicate whether an agreement has occurred with respect to the assessment of costs. Absent an agreement by the parties, however, costs involving a voluntary dismissal shall be taxed against the appellant. Id. R. 42.1(d). Therefore, costs of this appeal are taxed against Appellant.

Appellant’s motion to dismiss is granted, and the appeal is dismissed.

JOHN M. BAILEY CHIEF JUSTICE

August 24, 2023 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.