DISMISS and Opinion Filed April 26, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00206-CV MERCER GLOBAL ADVISORS, INC., Appellant V. DAVID CAIN AND KATHY CAIN, Appellees On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-06839-2022 MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Kennedy Before the Court is appellant’s motion requesting dismissal of this appeal from the trial court’s order denying its request for a temporary injunction. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE 230206F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MERCER GLOBAL ADVISORS, On Appeal from the 219th Judicial INC., Appellant District Court, Collin County, Texas Trial Court Cause No. 219-06839- No. 05-23-00206-CV V. 2022.

Opinion delivered by Justice DAVID CAIN AND KATHY CAIN, Kennedy. Justices Pedersen, III and Appellees Garcia participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees DAVID CAIN AND KATHY CAIN recover their costs of this appeal from appellant MERCER GLOBAL ADVISORS, INC.

Judgment entered April 26, 2023

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