Lully's Inc. D/B/A/ the Right One v. Melanie Mattoon, David Bogner

Opinion

Dismiss and Opinion Filed July 18, 2014

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01655-CV

LULLY'S INC. D/B/A/ THE RIGHT ONE, Appellant

V.

MELANIE MATTOON, DAVID BOGNER, PENNI SKLAR, AND NAOMI KIARIE, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, Appellees

On Appeal from the 14th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-12-03363

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright

The parties move to DISMISS this appeal, stating the appeal and underlying trial court

litigation have been settled. We grant the motion and dismiss the appeal.

121655F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

LULLY'S INC. D/B/A/ THE RIGHT ONE, On Appeal from the 14th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. DC-12-03363.

No. 05-12-01655-CV V. Opinion delivered by Chief Justice Wright.

Justices Lang-Miers and Brown MELANIE MATTOON, DAVID BOGNER, participating. PENNI SKLAR, AND NAOMI KIARIE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement among the parties, we ORDER that appellees Melanie Mattoon, David Bogner, Penni Sklar, and Naomi Kiarie, on behalf of themselves and all others similarly situated, recover their costs, if any, of this appeal from appellant Lully’s Inc. d/b/a The Right One.

Judgment entered July 18, 2014