That was a whole lot of reading! My eyes are hurting now. Sorry to reignite an old topic on this. I was just wondering if it would have been worth just making him replace the fluids lost and not flush it but I just took his expertise advice and went with it.
Anyways a little heads up with whats going on since Ive been able to drive it. Ive been driving it this entire past weekend and the shifting issue still exists.

Its only happening when the car is cold. First time start. Once its warmed up everything is just fine. Ive been told it could be as simple as it being under filled but you would think the shop would have confirmed that its properly filled up. If I remember reading right it states the car should be on and warmed up and to keep filling till its full and that should do it? Can anyone confirm. Ill probably make a call to confirm this was done or not. Since I don't know any history on this vehicle since Ive purchased it late last year at about 200k I don't know if its ever been changed or not. I understand the fact that new fluids have detergent in them that can free up things that could cause blockage, etc. I was just curious if possible if there was a good amount of success stories compared to unsuccessful.
Ill have to update my signature but since it was asked:
2004 X5 4.4i now with about 202k on odometer