Dismiss and Opinion Filed October 16, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00580-CV VARUGHESE P. JOHN D/B/A/ AMERICAN HOMEBUILDERS OF TEXAS, Appellant V. JAYANTHA K. NANAYAKKARA, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-05041 MEMORANDUM OPINION Before Justices Goldstein, Garcia, and Miskel Opinion by Justice Miskel Before the Court is appellant’s motion to dismiss this appeal. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Emily Miskel/ 230580f.p05 EMILY MISKEL JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT VARUGHESE P. JOHN D/B/A/ On Appeal from the 68th Judicial AMERICAN HOMEBUILDERS OF District Court, Dallas County, Texas TEXAS, Appellant Trial Court Cause No. DC-20-05041.

Opinion delivered by Justice Miskel.

No. 05-23-00580-CV V. Justices Goldstein and Garcia participating.

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

It is ORDERED that appellee JAYANTHA K. NANAYAKKARA recover his costs of this appeal from appellant VARUGHESE P. JOHN D/B/A/ AMERICAN HOMEBUILDERS OF TEXAS.

Judgment entered this 16th day of October, 2023.

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