DISMISSED WITH PREJUDICE and Opinion Filed July 12, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00691-CV VEREIT REAL ESTATE, L.P., COLE LA DALLAS TX, LLC, COLE LA DENTON TX, LLC, AND COLE LA DUNCANVILLE TX, LLC, Appellants V. FITNESS INTERNATIONAL, LLC, Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-18444 MEMORANDUM OPINION Before Chief Justice Burns, Justice Carlyle, and Justice Garcia Opinion by Chief Justice Burns Before the Court is appellants’ unopposed motion to dismiss the appeal.

Appellants state that the parties have settled their dispute and agreed to dismiss this appeal with prejudice with each party to bear its own costs on appeal. We grant the motion and dismiss the appeal with prejudice. TEX. R. APP. P. 42.1(a)(1).

/Robert D. Burns, III/ ROBERT D. BURNS, III 220691F.P05 CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VEREIT REAL ESTATE, L.P., On Appeal from the 14th Judicial COLE LA DALLAS TX, LLC, District Court, Dallas County, Texas COLE LA DENTON TX, LLC, Trial Court Cause No. DC-20-18444.

AND COLE LA DUNCANVILLE Opinion delivered by Chief Justice TX, LLC, Appellants Burns. Justices Carlyle and Garcia participating.

No. 05-22-00691-CV V. FITNESS INTERNATIONAL, LLC, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED WITH PREJUDICE.

As agreed among the parties, it is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 12th day of July, 2024.

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