Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00014-CV Sherman Patrick Wayne MILLER, Appellant v. Lee Ann Marie MILLER, Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 12-12-51753-CV Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: July 9, 2014 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant filed a motion to dismiss this appeal, asserting the appeal is moot because the trial court granted a motion for new trial. We grant the motion. See TEX. R. APP. P. 42.1(a)(1).

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