In The Court of Appeals Seventh District of Texas at Amarillo No. 07-25-00154-CV

DAN WILSON HOMES, INC., APPELLANT V. EGENBACHER DEVELOPMENT GROUP, LLC AND 11601 SLIDE LP, APPELLEES On Appeal from the 99th District Court Lubbock County, Texas Trial Court No. DC-2024-CV-0167, Honorable J. Phillip Hays, Presiding June 23, 2025 MEMORANDUM OPINION Before QUINN. C.J., and PARKER and DOSS, JJ.

Appellant, Dan Wilson Homes, Inc., appeals from the trial court’s summary judgment order. Now pending before this Court is Appellant’s unopposed motion seeking voluntary dismissal of the appeal. The Court finds that the motion complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent any party from seeking relief to which it would otherwise be entitled. As no decision of the Court has been delivered to date, we grant the motion. The appeal is dismissed. Because the motion does not reflect an agreement of the parties concerning the payment of costs, costs will be taxed against Appellant. See TEX. R. APP. P. 42.1(d).

No motion for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam