DISMISS; Opinion Filed October 20, 2016.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00121-CV DELTA FLEX PARTNERS, LLC AND DELTA HEALTHCARE PLACEMENT, LLC D/B/A DELTA HEALTHCARE PROVIDERS, Appellants V. CHRISTIAN DODGE D/B/A PRN HOME HEALTH AND HOSPICE SERVICES A/K/A PRN HOME HEALTH CARE A/K/A PRN HOME HEALTH AND HOSPICE, Appellee On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-04917 MEMORANDUM OPINION Before Justices Lang, Lang-Miers, and Myers Opinion by Justice Lang

The Court has before it appellant’s October 13, 2016 motion to dismiss the appeal in which appellant states the parties have agreed to a dismissal. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a).

/Douglas S. Lang/ 160121F.P05 DOUGLAS S. LANG JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT DELTA FLEX PARTNERS, LLC AND On Appeal from the 116th Judicial District DELTA HEALTHCARE PLACEMENT, Court, Dallas County, Texas LLC D/B/A DELTA HEALTHCARE Trial Court Cause No. DC-15-04917.

PROVIDERS, Appellants Opinion delivered by Justice Lang. Justices Lang-Miers and Myers participating.

No. 05-16-00121-CV V. CHRISTIAN DODGE D/B/A PRN HOME HEALTH AND HOSPICE SERVICES A/K/A PRN HOME HEALTH CARE A/K/A PRN HOME HEALTH AND HOSPICE, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that, based on the agreement of the parties, each party bear its own costs of this appeal.

Judgment entered this 20th day of October, 2016.

–2–