In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-21-00122-CV __________________ CYNTHIA MCCLENAN, Appellant V. LILY BELL DAVIDSON, Appellee __________________________________________________________________ On Appeal from the 280th District Court Harris County, Texas Trial Cause No. 2021-08001 __________________________________________________________________ MEMORANDUM OPINION Appellant Cynthia McClenan filed a motion to dismiss this appeal, representing that the trial judge vacated the appealed judgment and granted a new trial. This motion is voluntarily made by the appellant prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal. We grant the motion and dismiss the appeal. 1 See Tex. R. App. P. 43.2(f).

This case was transferred to this Court from the Fourteenth Court of Appeals in Houston, Texas, pursuant to a docket equalization order. See Tex. Gov’t Code Ann. § 73.001.

APPEAL DISMISSED.

PER CURIAM

Submitted on September 8, 2021 Opinion Delivered September 9, 2021 Before Golemon, C.J., Horton and Johnson, JJ.