DISMISS; and Opinion Filed November 18, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00991-CV CARNEGIE HOMES & CONSTRUCTION, LLC AND ARPAN GUPTA A/K/A RAM A. GUPTA, Appellants V. FLOOR AND DECOR OUTLETS OF AMERICA, INC., Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-04049 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Fillmore The Court has before it appellants’ November 14, 2013 motion to dismiss the appeal.

Appellants state that all issues between the parties have been fully and finally compromised and settled. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 130991F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CARNEGIE HOMES & CONSTRUCTION, On Appeal from the 298th Judicial District LLC AND ARPAN GUPTA A/K/A RAM Court, Dallas County, Texas A. GUPTA, Appellants Trial Court Cause No. DC-13-04049.

Opinion delivered by Justice Fillmore, No. 05-13-00991-CV V. Justices FitzGerald and Lang participating.

FLOOR AND DECOR OUTLETS OF AMERICA, INC., Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER that appellee Floor and Decor Outlets of America, Inc. recover its costs of this appeal, if any, from appellants Carnegie Homes & Construction, LLC and Arpan Gupta a/k/a Ram A. Gupta.

Judgment entered this 18th day of November, 2013.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

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