IN THE TENTH COURT OF APPEALS No. 10-21-00112-CV EIS DEVELOPMENT II, LLC, Appellant v. BUENA VISTA AREA ASSOCIATION, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 104809 MEMORANDUM OPINION Appellant EIS Development II, LLC, has filed an “Unopposed Motion for Voluntary Dismissal Under Tex. R. App. Proc. 42.1(a)(1)” requesting this Court to dismiss the appeal as moot and tax the costs against the party incurring same. Appellee Buena Vista Area Association is not opposed to the relief requested in appellant’s motion. Accordingly, appellant’s motion is granted, this appeal is dismissed, and costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(a)(1), (d). TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Motion granted Appeal dismissed Opinion delivered and filed September 29, 2021 [CV06] EIS Dev. II, LLC v. Buena Vista Area Ass’n Page 2