DISMISSED and Opinion Filed January 11, 2023

In the Court of Appeals Fifth District of Texas at Dallas No. 05-21-00729-CV POSITIVE TRANSPORTATION LLC, THOMAS WHALEY AND THOMAS HATTON, JR., Appellants V. TTS, LLC, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-09409 MEMORANDUM OPINION Before Justices Carlyle, Smith, and Garcia Opinion by Justice Carlyle We reinstate the appeal. Before the Court are: (1) Appellee/Cross-Appellant TTS, LLC’s unopposed Motion to Dismiss Cross-Appeal ONLY; and (2) Appellants’ Motion to Dismiss. We GRANT both motions and dismiss the appeal and cross- appeal. See TEX. R. APP. P. 42.1(a)(1).

/Cory L. Carlyle/ 210729f.p05 CORY L. CARLYLE JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT POSITIVE TRANSPORTATION On Appeal from the 44th Judicial LLC, THOMAS WHALEY AND District Court, Dallas County, Texas THOMAS HATTON, JR., Appellant Trial Court Cause No. DC-21-09409.

Opinion delivered by Justice Carlyle.

No. 05-21-00729-CV V. Justices Smith and Garcia participating.

TTS, LLC, Appellee In accordance with this Court’s opinion of this date, the appeal and cross appeal are DISMISSED.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 11th day of January, 2023.

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