DISMISS and Opinion Filed August 28, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00265-CV FC INVESTMENTS, LTD., Appellant V. CITY OF DALLAS, Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-20173 MEMORANDUM OPINION Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Reichek FC Investments, Ltd filed this interlocutory appeal challenging the trial court’s order granting a plea to the jurisdiction filed by the City of Dallas. On August 23, 2024, the parties filed a joint motion to dismiss this appeal stating the dispute made the basis of the suit has become moot. FC Investments represents that, upon dismissal of this appeal, it will nonsuit its claims in the trial court below.

Based on the parties’ representations, we grant the motion and dismiss the appeal as moot. TEX. R. APP. P. 42.1(a).

/Amanda L. Reichek/ AMANDA L. REICHEK 240265F.P05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT FC INVESTMENTS, LTD., On Appeal from the 14th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-23-20173.

No. 05-24-00265-CV V. Opinion delivered by Justice Reichek. Justices Nowell and Carlyle CITY OF DALLAS, Appellee participating.

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

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered August 28, 2024

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