Kevin Miller v. Gene McCutchin, Individually and on Behalf of the John Mac Joint Venture

DISMISS and Opinion Filed December 22, 2023




                                     S  In The
                            Court of Appeals
                     Fifth District of Texas at Dallas
                                  No. 05-23-00498-CV

                 KEVIN MILLER, Appellant
                          V.
GENE MCCUTCHIN, INDIVIDUALLY AND ON BEHALF OF THE JOHN
             MAC JOINT VENTURE, Appellee

               On Appeal from the 191st Judicial District Court
                            Dallas County, Texas
                    Trial Court Cause No. DC-22-02323

                        MEMORANDUM OPINION
            Before Justices Partida-Kipness, Pedersen, III, and Garcia
                       Opinion by Justice Partida-Kipness
      Before the Court is appellant’s motion to dismiss this appeal because the

parties have settled their differences. We grant the motion and dismiss the appeal.

See TEX. R. APP. P. 42.1(a)(1).




                                           /Robbie Partida-Kipness/
                                           ROBBIE PARTIDA-KIPNESS
                                           JUSTICE
230498F.P05
                                 S
                           Court of Appeals
                    Fifth District of Texas at Dallas
                                JUDGMENT

KEVIN MILLER, Appellant                     On Appeal from the 191st Judicial
                                            District Court, Dallas County, Texas
No. 05-23-00498-CV         V.               Trial Court Cause No. DC-22-02323.
                                            Opinion delivered by Justice Partida-
GENE MCCUTCHIN,                             Kipness. Justices Pedersen, III and
INDIVIDUALLY AND ON                         Garcia participating.
BEHALF OF THE JOHN MAC
JOINT VENTURE, Appellee

    In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

       Subject to any agreement between the parties, it is ORDERED that appellee
Gene McCutchin, Individually and on Behalf of the John Mac Joint Venture, recover
his costs of this appeal from appellant Kevin Miller.


Judgment entered December 22, 2023




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