In The Court of Appeals Seventh District of Texas at Amarillo No. 07-24-00155-CV

BENNY AND KERRICK HORTON D/B/A K & B PROPERTIES, APPELLANTS V. ASHLEY SMITH, APPELLEE On Appeal from the 223rd District Court Gray County, Texas Trial Court No. 41049, Honorable Phil N. Vanderpool, Presiding August 13, 2024 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellants, Benny and Kerrick Horton d/b/a K & B Properties, appeal from the trial court’s Order Granting Defendant’s Rule 91(a) Motion to Dismiss. Now pending before this Court is Appellants and Appellee’s “Agreed Motion to Remand to Trial Court.” The motion is granted. Pursuant to the motion, we set aside the Order Granting Defendant’s Rule 91(a) Motion to Dismiss without regard to the merits, remand the case to the trial court for further proceedings, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(2). As requested by the parties, costs shall be taxed against the parties who incurred them. See TEX. R. APP. P. 42.1(d).

Per Curiam