DISMISS and Opinion Filed May 15, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00171-CV DR. GARY S. DONOVITZ, Appellant V. BIOTE MEDICAL LLC, Appellee On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-08737 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns Before the Court is appellant’s May 6, 2024 unopposed motion to dismiss this appeal. In the motion, appellant asks the Court to dismiss the appeal with prejudice with each side bearing their own costs of the appeal. We grant the motion and dismiss the appeal with prejudice. See TEX. R. APP. P. 42.1(a)(1).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 240171F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DR. GARY S. DONOVITZ, On Appeal from the 134th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-08737.

No. 05-24-00171-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and BIOTE MEDICAL LLC, Appellee Pedersen, III participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered May 15, 2024

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