Opinion
NO. 01-16-00026-CV
07-06-2017
MICHAEL BARNETT, Appellant v. CITY OF SOUTHSIDE PLACE, Appellee
On Appeal from the 151st District Court Harris County, Texas
Trial Court Case No. 2014-69569
SUPPLEMENTAL MEMORANDUM OPINION
We issued an opinion in this case affirming the judgment of the trial court on March 14, 2017. Appellant, Michael Barnett, filed a motion for rehearing of this opinion. While Barnett's motion for rehearing was pending, he filed an unopposed motion to dismiss stating that the parties have resolved the pending dispute and settled the matter between them, and requesting that we dismiss the appeal and order the parties to bear their own costs and attorney's fees as agreed upon by the parties. See TEX. R. APP. P. 42.1(a)(2)(A) (providing that appellate court may dispose of appeal in accordance with agreement signed by parties or their attorneys), (d) (providing that appellate court will tax costs against appellant absent agreement of parties).
Accordingly, we grant the unopposed motion to dismiss, and we vacate our March 14, 2017 judgment, dismiss the appeal, and order the parties to bear their own costs and attorney's fees as agreed upon by the parties. The parties have not requested that we withdraw our March 14, 2017 opinion, and we decline to do so. See TEX. R. APP. P. 42.1(c) ("In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued. An agreement or motion for dismissal cannot be conditioned on withdrawal of the opinion."); Houston Cable TV, Inc. v. Inwood W. Civic Ass'n, 860 S.W.2d 72, 73 (Tex. 1993) (per curiam) ("A settlement does not automatically require the vacating of a court of appeals' opinion—either by this court or by the intermediate appellate court.").
Barnett's motion for rehearing is dismissed as moot.
Russell Lloyd
Justice Panel consists of Justices Keyes, Higley, and Lloyd.