Gordon W. Bobbitt v. Scenic Hills Community Association, Inc. and Robert Statzer, President

Court of Appeals of Texas·Decided January 13, 2010·No. 04-09-00758-CV·Published

Opinion

i i i i i i

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

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).

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