Opinion
No. 10-18-00069-CV
05-23-2018
BRYAN IMPORTS, INC. AND GARLYN O. SHELTON, Appellants v. KEATING IMPORTS, LLC, Appellee
From the 85th District Court Brazos County, Texas
Trial Court No. 17-000530-CV-85
MEMORANDUM OPINION
Appellants, Bryan Imports, Inc. and Garlyn O. Shelton, and appellee, Keating Imports, LLC, have filed an agreed motion in which they ask this Court to set aside the trial court's judgment, remand the case back to the trial court, and dismiss the appeal. The parties have reached an agreement to settle their differences in the underlying proceeding.
Because we have no authority to set aside the trial court's judgment, remand the case, and dismiss the appeal, we grant the motion in part. See TEX. R. APP. P. 42.1(a)(2), 43.2.
The trial court's judgment dated January 29, 2018 is set aside without regard to the merits and is remanded to the trial court for further proceedings consistent with the settlement agreement. See id. at R. 42.1(a)(2)(B).
There being no agreement of the parties as to costs, it is further ordered that costs of this appeal are taxed against Bryan Imports, Inc. and Garlyn O. Shelton. Id. at R. 42.1(d).
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Set aside and remanded
Opinion delivered and filed May 23, 2018
[CV06]