DISMISS and Opinion Filed May 25, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00198-CV FUSION RECYCLING LLC, Appellant V. NORTH TEXAS TOLLWAY AUTHORITY, Appellee On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-02848-2022 MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns Before the Court is appellant’s motion to dismiss the appeal because the parties have settled their differences. We grant the motion and dismiss the appeal.

See TEX. R. APP. P. 42.1(a)(1).

230198f.p05 /Robert D. Burns, III// ROBERT D. BURNS, III CHIEF JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT FUSION RECYCLING LLC, On Appeal from the 471st Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 471-02848- No. 05-23-00198-CV V. 2022.

Opinion delivered by Chief Justice NORTH TEXAS TOLLWAY Burns. Justices Pedersen, III and AUTHORITY, Appellee Goldstein participating.

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

Subject to any agreement between the parties, it is ORDERED that appellee NORTH TEXAS TOLLWAY AUTHORITY recover its costs of this appeal from appellant FUSION RECYCLING LLC.

Judgment entered this 25th day of May, 2023.

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