Dismiss and Opinion Filed July 18, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01655-CV LULLY'S INC. D/B/A/ THE RIGHT ONE, Appellant V. MELANIE MATTOON, DAVID BOGNER, PENNI SKLAR, AND NAOMI KIARIE, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, Appellees On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-03363 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright The parties move to DISMISS this appeal, stating the appeal and underlying trial court litigation have been settled. We grant the motion and dismiss the appeal.

121655F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LULLY'S INC. D/B/A/ THE RIGHT ONE, On Appeal from the 14th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. DC-12-03363.

No. 05-12-01655-CV V. Opinion delivered by Chief Justice Wright.

Justices Lang-Miers and Brown MELANIE MATTOON, DAVID BOGNER, participating.

PENNI SKLAR, AND NAOMI KIARIE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement among the parties, we ORDER that appellees Melanie Mattoon, David Bogner, Penni Sklar, and Naomi Kiarie, on behalf of themselves and all others similarly situated, recover their costs, if any, of this appeal from appellant Lully’s Inc. d/b/a The Right One.

Judgment entered July 18, 2014

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