DISMISS and Opinion Filed October 16, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00904-CV ROGER KASENDORF DO, P.C., Appellant V. MINDSIGHT MEDICAL, LLC, Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-00247 MEMORANDUM OPINION Before Justices Goldstein, Garcia, and Miskel Opinion by Justice Garcia On September 25, 2023, we sent a letter to the parties questioning our jurisdiction and requested jurisdictional briefing by October 5, 2023. In our letter, we cautioned appellant that the appeal was subject to dismissal without further notice should appellant fail to file the requested letter brief. To date, appellant has not filed the requested letter brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b), (c).

/Dennise Garcia/ DENNISE GARCIA 230904F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROGER KASENDORF DO, P.C., On Appeal from the 134th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-00247.

No. 05-23-00904-CV V. Opinion delivered by Justice Garcia.

Justices Goldstein and Miskel MINDSIGHT MEDICAL, LLC, participating.

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

It is ORDERED that appellee MINDSIGHT MEDICAL, LLC recover its costs of this appeal from appellant ROGER KASENDORF DO, P.C.

Judgment entered October 16, 2023

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