In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00265-CV ___________________________ JIMMIE A. FRANKLIN AND DAVID C. COWDEN, Appellants V. JACQUELINE CHATTO, Appellee

On Appeal from County Court at Law No. 2 Tarrant County, Texas Trial Court No. 2020-004836-2

Before Sudderth, C.J.; Bassel and Wallach, JJ.

Memorandum Opinion on Rehearing by Justice Bassel MEMORANDUM OPINION ON REHEARING AND JUDGMENT After issuing our opinion and judgment on October 3, 2024, Appellee Jacqueline Chatto filed a motion to modify the judgment, and Appellants Jimmie A.

Franklin and David C. Cowden filed a motion for rehearing and a motion for en banc reconsideration. Chatto filed a motion for extension of time to respond to Appellees’ motions, and we granted her an extension. The parties then filed a joint motion to abate, and we granted that motion.

The parties have now filed a joint motion to dismiss the appeal and seek to have this court withdraw our October 3, 2024 opinion. Accordingly, we grant the parties’ joint motion to dismiss this appeal; we withdraw our October 3, 2024 opinion and vacate our October 3, 2024 judgment; and we substitute this memorandum opinion in its place. See Tex. R. App. P. 42.1(c). We dismiss any pending motions as moot.

/s/ Dabney Bassel Dabney Bassel Justice Delivered: January 16, 2025