National Health Investors, Inc. and NHI-REIT of Axel, LLC v. East Lake Capital Management LLC, SH Regency Leasing LLC, and EL FW Intermediary I LLC ( 2018 )

DISMISSED; Opinion Filed December 20, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01465-CV NATIONAL HEALTH INVESTORS, INC. AND NHI-REIT OF AXEL, LLC, Appellants V. EAST LAKE CAPITAL MANAGEMENT LLC, SH REGENCY LEASING LLC, AND EL FW INTERMEDIARY I LLC, Appellees On Appeal from the 95th Judicial District Ct Dallas County, Texas Trial Court Cause No. DC-18-07841 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Justice Evans Before the Court is appellants’ December 18, 2018 agreed motion to dismiss the appeal as moot. In the motion, appellants state the trial court entered an order dissolving the temporary injunction which was the subject of the appeal, and that all parties agree to dismiss. We grant the motion. See TEX. R. APP. P. 42.1. We dismiss this appeal. 181465F.P05 /David Evans/ DAVID EVANS JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT NATIONAL HEALTH INVESTORS, INC. On Appeal from the 95th Judicial District AND NHI-REIT OF AXEL, LLC, Ct, Dallas County, Texas Appellants Trial Court Cause No. DC-18-07841. Opinion delivered by Justice Evans. Chief No. 05-18-01465-CV V. Justice Wright and Justice Brown participating. EAST LAKE CAPITAL MANAGEMENT LLC, SH REGENCY LEASING LLC, AND EL FW INTERMEDIARY I LLC, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees EAST LAKE CAPITAL MANAGEMENT LLC, SH REGENCY LEASING LLC, AND EL FW INTERMEDIARY I LLC recover their costs, if any, of this appeal from appellants NATIONAL HEALTH INVESTORS, INC. AND NHI-REIT OF AXEL, LLC. Judgment entered this 20th day of December, 2018. –2–