1)ISMJSS: Opinion issued November 26, 2012

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in The niirt uf Apprati ifth JiEitrirt iif !Jixi at t1attai No. 05-12-0l010- 7 C

IIEALTIISMART 1-IOLD1NGS, INC., Appellant V. REAGAN BRUCE, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. 11-11763

MEMORANDUM OPINION Before Justices Richter, Lang-Miers, and Myers Opinion By Justice Myers Before the Court is the parties’ agreed motion to dismiss this interlocutory appeal. The parties inform the Court that they have resolved the issues involved with this appeal by agreeing to submit the underlying litigation to arbitration. Accordingly, we grant the parties’ motion and dismiss the appeal. See TEx. R. App. p. 42. 1 (a)(2).

LANA MYERS JUSTICE 121010f.p05 nitrt Llf Apprat Ditrirt uf ixas at Ja11a JUDGMENT HEALTI{SMART HOLDINGS. INC., Appeal from the 44th Judicial District Court Appellant of Dallas County, Texas. (Tr.Ct.No. ii —

11763).

No. 05-12-OlOlO-CV V. Opinion delivered by Justice Myers, Justices Richter and Lang-Miers, participating.

REAGAN BRUCE, Appellee L3ased on the Court’s opinion of this date, the appeal is 1)ISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellee. Reagan Bruce, recover his costs of the appeal from appellant, Healthsmart Holdings, Inc.

Judgment entered November 26, 2012.

LANAi YERS JUSTICE