11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT SM Energy Company, * From the 385th District Court of Midland County, Trial Court No. CV60114.

Vs. No. 11-23-00276-CV * February 22, 2024 DOI WinTex LLC; DOI Apache * Memorandum Opinion by Trotter, J.

Flats LLC; and Discovery Operating, Inc., (Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.)

This court has considered the parties’ joint motion to dismiss this appeal and concludes that the motion should be granted. Therefore, in accordance with this court’s opinion, the appeal is dismissed. The costs incurred by reason of this appeal are taxed against the party incurring same.