Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00969-CV Thomas James ROBERTS dba TTT Road Service, Appellant v. CINTAS CORPORATION NO. 2, Appellee From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2022CVI001468-D1 Honorable Joe Lopez, Judge Presiding PER CURIAM Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Delivered and Filed: November 29, 2023 DISMISSED Appellant has filed a “Notice of Nonsuit of the Appeal,” which we construe as a motion to dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). The motion contains a certificate of service to appellee, which has not opposed the motion. Therefore, we grant the motion and dismiss the appeal. See id. Costs of the appeal are taxed against appellant. See id. R. 42.1(d).

PER CURIAM