DISMISS and Opinion Filed April 4, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00318-CV THE CADLE COMPANY, Appellant V. TOM HUDGINS, JR. D/B/A THE WORK OUT, Appellee On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 88-00294 MEMORANDUM OPINION Before Justices Francis, Lang, and Evans Opinion by Justice Lang Before the Court is appellant’s motion to dismiss the appeal. Appellant informs the Court that the parties have entered into a settlement agreement. Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 130318F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THE CADLE COMPANY, Appellant On Appeal from the 15th Judicial District Court, Grayson County, Texas No. 05-13-00318-CV V. Trial Court Cause No. 88-00294. Opinion delivered by Justice Lang. Justices TOM HUDGINS, JR. D/B/A THE WORK Francis and Evans participating. OUT, 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, TOM HUDGINS, JR. D/B/A THE WORK OUT, recover its costs of this appeal from appellant, THE CADLE COMPANY. Judgment entered this 4th day of April, 2013. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 1300318.R.docx –2–