In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-21-00397-CV JOHN RUSHING, Appellant § On Appeal from the 96th District Court § of Tarrant County (096-305062-18) V. § February 9, 2023 DIVINE HOMES, LLC D/B/A AXIOM § Memorandum Opinion by Justice Walker BUILDERS, Appellee JUDGMENT This court has considered the record on appeal in this case and holds that there was no error in the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed.

It is further ordered that appellant John Rushing shall bear the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Brian Walker Justice Brian Walker