IN THE TENTH COURT OF APPEALS No. 10-22-00374-CV KEVIN KING AND SCOTT MCAFEE, Appellants v. ELAWAN DILEO SOLAR, LLC; ELAWAN ENERGY, SL; BOSQUE COUNTY, TEXAS; BOSQUE COUNTY COMMISSIONERS COURT, MARVIN WICKMAN, TERRY TOWNLEY, LARRY PHILLIP, AND RODNEY LAIRDON IN THEIR OFFICIAL CAPACITIES; CLIFTON INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES, ALEX MONTES, DR. SKYLAR BIZZELL, JULIE NEW, COURTNEY MAYFIELD, MATT DOMEL, JOSH RITZMANN, AND DR. JAN ZUEHLKE IN THEIR OFFICIAL CAPACITIES; TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; AND GLENN HEGAR, Appellees

From the 220th District Court Bosque County, Texas Trial Court No. CV22-221

MEMORANDUM OPINION

Appellants Kevin King and Scott McAfee moved to dismiss their appeal. 1 In the motion, appellants assert they no longer wish to pursue their appeal.

Appellants actually move to withdraw their notice of appeal. The Rules of Appellate Procedure have been amended to label what the appellants want to do as a dismissal of the appeal. See TEX. R. APP. P. 42.1.

The Court takes no position on and expressly does not affirm appellants’ reservation of the right to appeal certain orders in an appeal from a final judgment in the underlying case.

The Court dismisses the appeal. See TEX. R. APP. P. 42.1(a).

There being no agreement as to costs, costs are taxed against appellants Kevin King and Scott McAfee. Id. (d).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Motion granted Appeal dismissed Opinion delivered and filed December 21, 2022 [CV06]

King v. Elawan Dileo Solar, LLC, et al. Page 2