Sabrina D. Harris, M.D. v. Bank One, National Association, f/k/a The First National Bank of Chicago, as Trustee and Homecomings Financial Network, Inc.--Appeal from 225th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00118-CV

Sabrina D. HARRIS, M.D. ,

Appellant

v.

BANK ONE, NATIONAL ASSOCIATION f/k/a The First National Bank of Chicago,

as Trustee, and Homecomings Financial Network, Inc. ,

Appellees

From the 225th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CI-00101

Honorable David A. Berchelmann, Jr. , Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone , Justice

Sarah B. Duncan , Justice

Delivered and Filed: July 5, 2006

DISMISSED

Appellant has filed a motion to dismiss this appeal. The motion contains a certificate of service to appellees, which have not opposed the motion. In the motion appellant requests that we tax costs against the parties incurring them. Since this is a voluntary dismissal and there is no indication that the appellees have agreed to a division of costs, we consider the appellees to be the "prevailing party" for purposes of rule 43.4, and appellant does not provide good cause for dividing the costs. See Tex. R. App. P. 43.4. Therefore, we grant the motion and dismiss the appeal; however costs of the appeal are taxed against appellant. See Tex. R. App. P. 42.1(a)(1).

PER CURIAM