Opinion
No. 05-19-00261-CV
11-12-2019
On Appeal from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-50620-2010
MEMORANDUM OPINION
Before Justices Pedersen, III, Reichek, and Carlyle
Opinion by Justice Pedersen, III
Before the Court is the parties' October 24, 2019 joint motion to vacate judgment and dismiss the appeal. This appeal arises out of the trial court's December 21, 2018 order which, in part, awarded appellee $3,500.00 in attorney's fees. The parties have reached an agreement to settle this matter. The parties have agreed for this Court to vacate the trial court's award of attorney's fees, enter a take nothing judgment on appellee's claim for fees, and dismiss the remainder of this appeal as moot. See TEX. R. APP. P. 42.1 (a)(2)(A). We grant the motion, and, as agreed by the parties and without regard to the merits, vacate that portion of the order awarding $3,500.00 in attorney's fees to appellee, render judgment that appellee take nothing on his claim for fees, and dismiss the remainder of the appeal as moot. See Id. 190261f.p05
/Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
JUDGMENT
On Appeal from the 380th Judicial District Court, Collin County, Texas
Trial Court Cause No. 380-50620-2010.
Opinion delivered by Justice Pedersen, III, Justices Reichek and Carlyle participating.
In accordance with this Court's opinion of this date, we VACATE without regard to the merits that portion of the trial court's December 21, 2018 order awarding $3,500.00 in attorney's fees to Finn Eryn Kelly, RENDER JUDGMENT THAT Finn Eryn Kelly take nothing on his claim for fees, and DISMISS the remainder of the appeal as moot. Each party shall bear his or her costs of the appeal. Judgment entered this 12th day of November, 2019.