COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

ROY GENTRY CLARKE, § No. 08-23-00016-CV Appellant/Cross-Appellee, § Appeal from the v. § 73rd Judicial District Court REXANN PASSMORE CLARKE, § of Bexar County, Texas Appellee/Cross-Appellant. § (TC#2019-CI-07923) § MEMORANDUM OPINION This appeal is before the Court on Appellee/Cross-Appellant’s unopposed motion to waive and abandon her cross appeal only, which we construe as a motion to voluntarily dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). 1 See TEX. R. APP. P. 42.1(a)(1) (allowing appellate courts to dismiss an appeal on the motion of the appellant). Costs of the cross- appeal are taxed against Appellee/Cross-Appellant. TEX. R. APP. P. 42.1(d).

YVONNE T. RODRIGUEZ, Chief Justice September 28, 2023 Before Rodriguez, C.J., Palafox, and Soto, JJ.

This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Fourth Court of Appeals to the extent it might conflict with our own. See TEX. R. APP. P. 41.3.