DISMISS and Opinion Filed June 4, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00303-CV TIMOTHY HESS AND OVER THE TOP VENTURES, LLC, Appellants V. CARUTH PROTECTION SERVICES, LLC, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-17070 MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Nowell Before the Court is appellants’ notice of withdrawal of their appeal. We construe the notice as a motion to dismiss, grant the motion, and dismiss the appeal.

See TEX. R. APP. P. 42.1(a)(1). Appellee’s letter request to dismiss the appeal is denied as moot.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE 240303F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TIMOTHY HESS AND OVER THE On Appeal from the 162nd Judicial TOP VENTURES, LLC, Appellants District Court, Dallas County, Texas Trial Court Cause No. DC-23-17070.

No. 05-24-00303-CV V. Opinion delivered by Justice Nowell, Justices Molberg and Kennedy CARUTH PROTECTION participating.

SERVICES, LLC, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Caruth Protection Services, LLC recover its costs, if any, of this appeal from appellants Timothy Hess and Over the Top Ventures, LLC.

Judgment entered June 4, 2024.

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