City of Brady v. Chase

Full title: Appellants, The City of Brady; the Zoning Board of Adjustment of the City…

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jul 10, 2014

NO. 03-12-00550-CV (Tex. App. Jul. 10, 2014)

Opinion

NO. 03-12-00550-CV

07-10-2014

Appellants, The City of Brady; the Zoning Board of Adjustment of the City of Brady, Texas; Gail Lohn, in her official capacity as Mayor of the City of Brady; Mary Bradshaw, Brendan Weatherman, Missi Davis, Linda Lott, and Marilyn Gendusa, in their official capacities as Members of the City Council of the City of Brady; Dale Brown, in his official capacity as City Manager of the City of Brady // Cross-Appellants, Jon Chase, Kadhrann J. Hallmark, Frederica Banker, Jo Kelly Rutherford, L.W. McIntosh, Stephanie Wiesen, Bliss Collier, Virginia Napper, Robert Hernandez, Connie Hernandez, Pamela Cantrell, and Everette Rohr v. Appellees, Jon Chase, Kadhrann J. Hallmark, Frederica Banker, Jo Kelly Rutherford, L.W. McIntosh, Stephanie Wiesen, Bliss Collier, Virginia Napper, Robert Hernandez, Connie Hernandez, Pamela Cantrell, and Everette Rohr // Cross-Appellees, The City of Brady; the Zoning Board of Adjustment of the City of Brady, Texas; Gail Lohn, in her official capacity as Mayor of the City of Brady; Mary Bradshaw, Brendan Weatherman, Missi Davis, Linda Lott, and Marilyn Gendusa, in their official capacities as Members of the City Council of the City of Brady; Dale Brown, in his official capacity as City Manager of the City of Brady

Melissa Goodwin

FROM THE DISTRICT COURT OF MCCULLOCH COUNTY, 198TH JUDICIAL DISTRICT

NO. 2012072, HONORABLE MELVIN REX EMERSON, JR., JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed an agreed motion for dismissal of their pending interlocutory appeals. They state that the parties have resolved their dispute by a written compromise and settlement agreement and request that the case be remanded to the district court for entry of an agreed final judgment. We grant the motion, dismiss the pending interlocutory appeals, and remand the case to the trial court for further proceedings in accordance with the settlement agreement. See Tex. R. App. P. 42.1(a).¹

1 Also pending before this Court is appellants/cross appellees' motion to dismiss cause as moot, which motion we dismiss as moot.

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Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Goodwin and Field Dismissed on Agreed Motion