DISMISS and Opinion Filed May 15, 2023

In the Court of Appeals Fifth District of Texas at Dallas No. 05-23-00274-CV TEJAS MOTEL, L.L.C. AND PATRICIA MCCOLLUM, Appellants V. CITY OF MESQUITE, ACTING BY AND THROUGH ITS BOARD OF ADJUSTMENT, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-16933 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Carlyle Before the Court is the April 27, 2023 letter of counsel for appellants stating that they are withdrawing their notice of appeal. We construe the letter as a motion to dismiss, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Cory L. Carlyle// CORY L. CARLYLE 230274f.p05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT TEJAS MOTEL, L.L.C. AND On Appeal from the 298th Judicial PATRICIA MCCOLLUM, District Court, Dallas County, Texas Appellants Trial Court Cause No. DC-18-16933.

Opinion delivered by Justice Carlyle.

No. 05-23-00274-CV V. Justices Molberg and Smith participating.

CITY OF MESQUITE, ACTING BY AND THROUGH ITS BOARD OF ADJUSTMENT, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee CITY OF MESQUITE, ACTING BY AND THROUGH ITS BOARD OF ADJUSTMENT recover its costs of this appeal from appellants TEJAS MOTEL, L.L.C. AND PATRICIA MCCOLLUM.

Judgment entered this 15th day of May, 2023.

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