DISMISS and Opinion Filed April 16, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00378-CV PRAYOSHA TEXAS ENTERPRISES LLC D/B/A COMFORT SUITES LAKE RAY HUBBARD, Appellant V. MATTHEW MALINOWSKI, ASHLEY MALINOWSKI, INDIVIDUALLY AND AS NEXT FRIENDS OF MINORS, D.M. AND L.M., Appellees On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-23-01723-C MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Molberg Before the Court is the April 15, 2024 letter of appellant’s counsel informing the Court that the appeal is now moot because the trial court granted its motion for new trial. We construe the letter as a motion to dismiss, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Ken Molberg// 240378f.p05 KEN MOLBERG JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT PRAYOSHA TEXAS On Appeal from the County Court at ENTERPRISES LLC D/B/A Law No. 3, Dallas County, Texas COMFORT SUITES LAKE RAY Trial Court Cause No. CC-23-01723- HUBBARD, Appellant C.

Opinion delivered by Justice No. 05-24-00378-CV V. Molberg. Justices Nowell and Kennedy participating.

MATTHEW MALINOWSKI, ASHLEY MALINOWSKI, INDIVIDUALLY AND AS NEXT FRIENDS OF MINORS, D.M. AND L.M., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees MATTHEW MALINOWSKI, ASHLEY MALINOWSKI, INDIVIDUALLY AND AS NEXT FRIENDS OF MINORS, D.M.

AND L.M. recover their costs of this appeal from appellant PRAYOSHA TEXAS ENTERPRISES LLC D/B/A COMFORT SUITES LAKE RAY HUBBARD.

Judgment entered this 16th day of April, 2024.

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