COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

3D VENTURES CAPITAL, LLC, § No. 08-23-00299-CV Appellant, § Appeal from the v. § 166th District Court GENE TOSCANO, Individually and § of Bexar County, Texas GENE TOSCANO, INC, § (TC# 2022-CI-20532) Appellee.

§ MEMORANDUM OPINION Before this Court is Appellant’s unopposed motion to voluntarily dismiss this appeal. 1 The motion to dismiss is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1) (allowing appellate courts to dismiss an appeal on the motion of the appellant.). Costs of the appeal are taxed against Appellant. See TEX. R. APP. P. 42.1(d).

JEFF ALLEY, Chief Justice January 5, 2024 Before Alley, C.J., Palafox, and Soto, JJ.

This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. We follow the precedent of the Fourth Court of Appeals to the extent it might conflict with our own. See TEX. R. APP. P. 41.3.