In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-23-00223-CV ROBERT THARP AND LEE ANN THARP, § On Appeal from County Court at Law No. 1 Appellants § of Tarrant County (2018-002164-1) V. § January 11, 2024 BUILDERS FIRST SOURCE - TEXAS GROUP, L.P., Appellee § Memorandum Opinion by Justice Wallach

JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. It is ordered that the trial court’s summary judgment is reversed and we render judgment dismissing Appellee Builders First Source – Texas Group, L.P.’s lawsuit.

It is further ordered that Appellee Builders First Source – Texas Group, L.P. shall pay all costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Mike Wallach__________________ Justice Mike Wallach