Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care, LLC v. Jeffrey Gray, Dawn Gray. and Brave Optical, Inc.

CourtCourt of Appeals of Texas
DecidedSeptember 23, 2022
Docket05-22-00279-CV
StatusPublished

This text of Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care, LLC v. Jeffrey Gray, Dawn Gray. and Brave Optical, Inc. (Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care, LLC v. Jeffrey Gray, Dawn Gray. and Brave Optical, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care, LLC v. Jeffrey Gray, Dawn Gray. and Brave Optical, Inc., (Tex. Ct. App. 2022).

Opinion

Dismiss and Opinion Filed September 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00279-CV

LUXOTTICA OF AMERICA INC. F/K/A LUXOTTICA RETAIL NORTH AMERICA INC. AND EYEMED VISION CARE, LLC, Appellants V. JEFFREY GRAY, DAWN GRAY, AND BRAVE OPTICAL, INC., Appellees

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-07929

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Nowell Opinion by Justice Osborne On September 19, 2022, appellants Luxottica of America Inc. f/k/a Luxottica

Retail North America Inc. and Eyemed Vision Care, LLC filed a Motion for

Voluntary Dismissal of Appeal, advising the Court that they do not desire to proceed

with the appeal and that they seek no relief against the appellees. Further, appellees

Jeffrey Gray, Dawn Gray, and Brave Optical, Inc. have not noticed a cross-appeal

or sought relief to which they would otherwise be entitled. See TEX. R. APP. P.

42.1(a). Accordingly, we grant the motion and dismiss the appeal. See id.

/Leslie Osborne// 220279f.p05 LESLIE OSBORNE JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

LUXOTTICA OF AMERICA INC. On Appeal from the 101st Judicial F/K/A LUXOTTICA RETAIL District Court, Dallas County, Texas NORTH AMERICA INC. AND Trial Court Cause No. DC-17-07929. EYEMED VISION CARE, LLC, Opinion delivered by Justice Appellants Osborne. Justices Schenck and Nowell participating. No. 05-22-00279-CV V.

JEFFREY GRAY, DAWN GRAY, AND BRAVE OPTICAL, INC., Appellees

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

It is ORDERED that appellees Jeffrey Gray, Dawn Gray, and Brave Optical, Inc. recover their costs of this appeal from appellants Luxottica of America Inc. f/k/a Luxottica Retail North America Inc. and Eyemed Vision Care, LLC.

Judgment entered this 23rd day of September, 2022.

–3–

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Luxottica of America Inc. F/K/A Luxottica Retail North America Inc. and EyeMed Vision Care, LLC v. Jeffrey Gray, Dawn Gray. and Brave Optical, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/luxottica-of-america-inc-fka-luxottica-retail-north-america-inc-and-texapp-2022.