Full Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00351-CV Noyes Burton LIVINGSTON IV, Appellant v. HICKS VALLEY RANCH PROPERTY OWNERS ASSOCIATION, Appellee From the 38th Judicial District Court, Real County, Texas Trial Court No. 2024-3897-DC Honorable Kelley Kimble, Judge Presiding PER CURIAM Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: September 16, 2026 DISMISSED On August 14, 2026, we ordered appellant Noyes Burton Livingston IV to show cause why this appeal should not be dismissed for want of jurisdiction. We explained that it was uncertain whether Livingston had attempted an appeal in this appellate cause number. See TEX. R. APP. P. 42.3(a), (c). On August 31, 2026, Livingston filed a response stating that he wishes to pursue an appeal in a separate appellate cause number, 04-26-00349-CV, and that he does not oppose 04-26-00351-CV dismissal of cause number 04-26-00351-CV as duplicative. In light of the foregoing, we grant Livingston’s request and dismiss this appeal. See id. R. 42.1(a)(1). Additionally, on September 1, 2026, counsel of record for appellee Hicks Valley Ranch Property Owners Association filed a motion to withdraw as counsel. The motion is denied without prejudice to movants refiling with a motion that complies with Texas Rule of Appellate Procedure 6.5(a). See id. R. 6.5(a). PER CURIAM -2-