James William McDermott v. Paty McDermott ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00578-CV
James William MCDERMOTT,
Appellant
v.
Paty MCDERMOTT,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2022CV00214
Honorable J. Frank Davis, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: October 12, 2022
DISMISSED
Appellant James William McDermott filed a letter with this court stating “an appeal . . . is
no longer necessary” because the trial court had set aside its take-nothing judgment. We construe
appellant’s letter as a motion to dismiss. See TEX. R. APP. P. 42.1(a)(1). Appellee Paty McDermott
has not opposed the motion. See id. R. 10.3(a). Therefore, we grant the motion and dismiss the
appeal. See id. R. 42.1(a)(1). Costs of the appeal are taxed against appellant. See id. R. 42.1(d).
PER CURIAM