*1 Dismiss and Opinion Filed December 14 , 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01121-CV JAMES L. ROSS, Appellant V.

MCMASTER KERR HOLDINGS, LLC, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-05458 MEMORANDUM OPINION Before Justices Fillmore, Myers, and Whitehill Opinion by Justice Myers Stating all matters in controversy between the parties have been settled and he no longer desires to prosecute the appeal, appellant has filed a motion to dismiss the appeal with prejudice. We grant the motion to the extent we dismiss the appeal. See T EX . R. A PP . P. 42.1(a)(a), 43.2(f).

/Lana Myers/ LANA MYERS JUSTICE 151121F.P05

Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES L. ROSS, Appellant On Appeal from the 44th Judicial District

Court, Dallas County, Texas No. 05-15-01121-CV V. Trial Court Cause No. DC-15-05458.

Opinion delivered by Justice Myers. Justices MCMASTER KERR HOLDINGS, LLC, Fillmore and Whitehill participating. Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER appellee McMaster Kerr Holdings, LLC recover its costs, if any, of this appeal from appellant James L. Ross. Judgment entered this 14th day of December, 2015.

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