Aspen Heights Construction, LLC v. MSP IDD I, LLC, independently and on behalf of Breckenridge Group Waxahachie, Texas, LP Appeal from 192nd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed March 29, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00117-CV ASPEN HEIGHTS CONSTRUCTION, LLC, Appellant V. MSP IDD I, LLC, ON BEHALF OF BRECKENRIDGE GROUP WAXAHACHIE, TEXAS, LP, Appellee On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-15745 MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell On February 14, 2022, we abated this appeal to allow the parties to complete a settlement. See TEX. R. APP. P. 42.1(a)(2)(C). The appeal was reinstated on March 21, 2022 and appellant has filed its unopposed motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Accordingly, we GRANT the motion to dismiss and DISMISS this appeal. TEX. R. APP. P. 43.2(f). /Erin A. Nowell// ERIN A. NOWELL JUSTICE 210117f.p05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ASPEN HEIGHTS CONSTRUCTION, LLC, Appellant No. 05-21-00117-CV On Appeal from the 192nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-15745. Opinion delivered by Justice Nowell. Justices Myers and Osborne participating. V. MSP IDD I, LLC, INDEPENDENTLY AND ON BEHALF OF BRECKENRIDGE GROUP WAXAHACHIE, TEXAS, LP, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Subject to any agreement of the parties, it is ORDERED that appellee recover its costs of this appeal from appellant. Judgment entered this 29th day of March, 2022. –3–

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