Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-16-00607-CV TOLL BROTHERS, INC., Appellant v. BUILDERS FIRST SOURCE-SOUTH TEXAS, L.P., Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13962 Honorable Larry Noll, Judge Presiding BEFORE JUSTICE ANGELINI, JUSTICE BARNARD, AND JUSTICE MARTINEZ In accordance with this court’s memorandum opinion of this date, appellant’s motion to dismiss this appeal is GRANTED and the appeal is DISMISSED. See TEX. R. APP. P. 42.1(a).

Costs of appeal are taxed against appellant. See id. 42.1(d).

SIGNED January 4, 2017.

_________________________________ Karen Angelini, Justice