DISMISS and Opinion Filed August 22, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00905-CV APCO CONSTRUCTION GROUP, LLC, Appellant V. NATIONAL TRENCH SAFETY, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-06467 MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Kennedy Before the Court is appellant’s motion to dismiss the appeal based on settlement. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE 240905F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT APCO CONSTRUCTION GROUP, On Appeal from the 191st Judicial LLC, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-23-06467.

No. 05-24-00905-CV V. Opinion delivered by Justice Kennedy, Justices Molberg and NATIONAL TRENCH SAFETY, Nowell participating.

Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement between the parties, we ORDER that appellee National Trench Safety recover its costs, if any, of this appeal from appellant APCO Construction Group, LLC.

Judgment entered August 22, 2024.

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