DISMISS and Opinion Filed March 21, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01135-CV EMERGETECH, INC., Appellant 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 Partida-Kipness, Smith, and Breedlove Opinion by Justice Smith Before the Court is appellant’s motion to dismiss the appeal based on settlement. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Craig Smith/ CRAIG SMITH JUSTICE 221135F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EMERGETECH, INC., Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas No. 05-22-01135-CV V. Trial Court Cause No. DC-21-09409.

Opinion delivered by Justice Smith, TTS, LLC, Appellee Justices Partida-Kipness and Breedlove participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement between the parties, we ORDER that appellee TTS, LLC recover its costs, if any, of this appeal from appellant Emergetech, Inc.

Judgment entered March 21, 2023.

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