Opinion filed February 1, 2024

In The Eleventh Court of Appeals ___________ No. 11-23-00291-CV ___________ XTO ENERGY, INC., Appellant V. WINDY HILL RANCH, LTD., Appellee On Appeal from the 266th District Court Erath County, Texas Trial Court Cause No. 23CVDC-00150

MEMORANDUM OPINION Appellant, XTO Energy, Inc., has filed in this court a motion to dismiss this interlocutory appeal. In the motion, Appellant states that, since this appeal has been perfected, Appellant and Appellee, Windy Hill Ranch Ltd., “have found common ground on how to move forward without having to burden this Court with an accelerated appeal (and with all that such an appeal would entail).” Appellant requests that we dismiss the appeal pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.1(a)(1).

We grant Appellant’s motion and dismiss this appeal.

W. STACY TROTTER JUSTICE

February 1, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.