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Dall. Berkshire Partners, Ltd. v. Glass Cellar, LLC

Court of Appeals of Texas, Fifth District, Dallas
Jul 24, 2024
No. 05-24-00731-CV (Tex. App. Jul. 24, 2024)

Opinion

05-24-00731-CV

07-24-2024

DALLAS BERKSHIRE PARTNERS, LTD, Appellant v. GLASS CELLAR, LLC AND RANDALL M. DEWITT, Appellees


On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-04908

Before Justices Smith, Miskel, and Breedlove

MEMORANDUM OPINION

MARICELA BREEDLOVE JUSTICE

Before the Court is appellant's agreed motion to dismiss the appeal because the parties have settled their dispute. Appellant asks that we dismiss the appeal, vacate the trial court's judgment, and remand this case to the trial court with instructions for the trial court to dismiss all claims with prejudice. We grant the motion as follows.

We set aside the trial court's April 4, 2024 judgment without regard to the merits and remand this case to the trial court for entry of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B).

JUDGMENT

In accordance with this Court's opinion of this date, we SET ASIDE the trial court's April 4, 2024 judgment without regard to the merits and REMAND this case to the trial court for entry of judgment in accordance with the parties' agreement.

Subject to any agreement between the parties, we ORDER that appellees GLASS CELLAR, LLC AND RANDALL M. DEWITT recover their costs of this appeal from appellant DALLAS BERKSHIRE PARTNERS, LTD.


Summaries of

Dall. Berkshire Partners, Ltd. v. Glass Cellar, LLC

Court of Appeals of Texas, Fifth District, Dallas
Jul 24, 2024
No. 05-24-00731-CV (Tex. App. Jul. 24, 2024)
Case details for

Dall. Berkshire Partners, Ltd. v. Glass Cellar, LLC

Case Details

Full title:DALLAS BERKSHIRE PARTNERS, LTD, Appellant v. GLASS CELLAR, LLC AND RANDALL…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 24, 2024

Citations

No. 05-24-00731-CV (Tex. App. Jul. 24, 2024)