In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00220-CV DR. JESSE SMITH, M.D., Appellant § On Appeal from the 48th District Court § of Tarrant County (048-294454-17) V. § November 29, 2018 CRESTVIEW NUV, LLC, ON ITS OWN § Opinion by Justice Gabriel BEHALF AND DERIVATIVELY ON BEHALF OF NUVIVO BIOSCIENCE SOLUTIONS, LLC., Appellee JUDGMENT This court has considered the record on appeal and holds that there was no reversible error. Therefore, this court affirms the denial of appellant Dr. Jesse Smith, M.D.’s motion to dismiss. Appellant Dr. Jesse Smith, M.D. shall bear the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Lee Gabriel Justice Lee Gabriel