Kevin Miller v. Gene McCutchin, Individually and on Behalf of the John Mac Joint Venture ( 2023 )

DISMISS and Opinion Filed December 22, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00498-CV KEVIN MILLER, Appellant V. GENE MCCUTCHIN, INDIVIDUALLY AND ON BEHALF OF THE JOHN MAC JOINT VENTURE, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-02323 MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Garcia Opinion by Justice Partida-Kipness Before the Court is appellant’s motion to dismiss this appeal because the parties have settled their differences. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 230498F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEVIN MILLER, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-23-00498-CV V. Trial Court Cause No. DC-22-02323. Opinion delivered by Justice Partida- GENE MCCUTCHIN, Kipness. Justices Pedersen, III and INDIVIDUALLY AND ON Garcia participating. BEHALF OF THE JOHN MAC JOINT VENTURE, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Subject to any agreement between the parties, it is ORDERED that appellee Gene McCutchin, Individually and on Behalf of the John Mac Joint Venture, recover his costs of this appeal from appellant Kevin Miller. Judgment entered December 22, 2023 –2–