Dismiss and Opinion Filed September 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00279-CV LUXOTTICA OF AMERICA INC. F/K/A LUXOTTICA RETAIL NORTH AMERICA INC. AND EYEMED VISION CARE, LLC, Appellants V. JEFFREY GRAY, DAWN GRAY, AND BRAVE OPTICAL, INC., Appellees On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-07929 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Nowell Opinion by Justice Osborne On September 19, 2022, appellants Luxottica of America Inc. f/k/a Luxottica Retail North America Inc. and Eyemed Vision Care, LLC filed a Motion for Voluntary Dismissal of Appeal, advising the Court that they do not desire to proceed with the appeal and that they seek no relief against the appellees. Further, appellees Jeffrey Gray, Dawn Gray, and Brave Optical, Inc. have not noticed a cross-appeal or sought relief to which they would otherwise be entitled. See TEX. R. APP. P. 42.1(a).

Accordingly, we grant the motion and dismiss the appeal. See id.

/Leslie Osborne// 220279f.p05 LESLIE OSBORNE JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT LUXOTTICA OF AMERICA INC. On Appeal from the 101st Judicial F/K/A LUXOTTICA RETAIL District Court, Dallas County, Texas NORTH AMERICA INC. AND Trial Court Cause No. DC-17-07929.

EYEMED VISION CARE, LLC, Opinion delivered by Justice Appellants Osborne. Justices Schenck and Nowell participating.

No. 05-22-00279-CV V. JEFFREY GRAY, DAWN GRAY, AND BRAVE OPTICAL, INC., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees Jeffrey Gray, Dawn Gray, and Brave Optical, Inc. recover their costs of this appeal from appellants Luxottica of America Inc. f/k/a Luxottica Retail North America Inc. and Eyemed Vision Care, LLC.

Judgment entered this 23rd day of September, 2022.

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