NO. 12-23-00267-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS BINH TRIEU AND ACF § APPEAL FROM THE 114TH PYROTECHNIC, INC., APPELLANTS V. § JUDICIAL DISTRICT COURT GELLYBALL, LLC, WENDEL C.

WEGER, TYLER CLAY WEGER AND GELLYBALL ARENAS, LLC, § SMITH COUNTY, TEXAS APPELLEES MEMORANDUM OPINION PER CURIAM Appellants Binh Trieu and ACF Pyrotechnic, Inc. filed a stipulation of dismissal, in which they state that they no longer desire to pursue the appeal. The motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a). Costs are taxed against the party incurring same.

Opinion delivered November 8, 2023.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT NOVEMBER 8, 2023

NO. 12-23-00267-CV

BINH TRIEU AND ACF PYROTECHNIC, INC., Appellants V. GELLYBALL, LLC, WENDEL C. WEGER, TYLER CLAY WEGER AND GELLYBALL ARENAS, LLC, Appellees

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 21-2963-B)

THIS CAUSE came on to be heard on the stipulation of dismissal filed by the Appellants, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance. Costs are taxed against the party incurring same.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.