Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00578-CV James William MCDERMOTT, Appellant v. Paty MCDERMOTT, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2022CV00214 Honorable J. Frank Davis, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: October 12, 2022 DISMISSED Appellant James William McDermott filed a letter with this court stating “an appeal . . . is no longer necessary” because the trial court had set aside its take-nothing judgment. We construe appellant’s letter as a motion to dismiss. See TEX. R. APP. P. 42.1(a)(1). Appellee Paty McDermott has not opposed the motion. See id. R. 10.3(a). Therefore, we grant the motion and dismiss the appeal. See id. R. 42.1(a)(1). Costs of the appeal are taxed against appellant. See id. R. 42.1(d).

PER CURIAM