Dismiss and Opinion Filed June 27, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00595-CV ROGER AND LYNNE REYNOLDS, Appellants V. CHARLES BREWER, JANE FOSTER AND TWELVE FIVE HUNDRED PRESTON OWNERS ASSOCIATION, INC., Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-06001 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Molberg Stating the summary judgment orders that are the subject of this appeal have been vacated and a new trial granted, appellants have filed a motion to dismiss the appeal. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Ken Molberg// 230595f.p05 KEN MOLBERG JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROGER AND LYNNE On Appeal from the 44th Judicial REYNOLDS, Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-20-06001.

No. 05-23-00595-CV V. Opinion delivered by Justice Molberg, Justices Carlyle and Smith CHARLES BREWER, JANE participating.

FOSTER AND TWELVE FIVE HUNDRED PRESTON OWNERS ASSOCIATION, INC., Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Charles Brewer, Jane Foster and Twelve Five Hundred Preston Owners Association, Inc. recover their costs, if any, of this appeal from appellants Roger and Lynne Reynolds.

Judgment entered this 27th day of June 2023.

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