IN THE TENTH COURT OF APPEALS No. 10-23-00158-CV LARRY PALMER, Appellant v. STELCO INDUSTRIES, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 101356

MEMORANDUM OPINION

Appellant Larry Palmer’s Unopposed Motion to Dismiss Appeal was filed on August 29, 2023. Appellant asserts that he “no longer desires to prosecute this action” and moves to dismiss the appeal. Appellee Stelco Industries is not opposed to the motion.

Accordingly, appellant’s motion to dismiss is granted. TEX. R. APP. P. 42.1(a)(1).

Because appellee does not oppose appellant’s motion, which requests that “all costs to be borne by the party incurring same,” we order that costs of this proceeding are taxed against the party incurring same. See id. at R. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

STEVE SMITH Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed September 21, 2023 [CV06]

Palmer v. Stelco Indus. Page 2