Timothy Hess and Over the Top Ventures, LLC v. Caruth Protection Services, LLC

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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