Opinion
05-23-00475-CV
12-27-2024
WILLIAM FANNING AND BRIANNA FANNING, Appellants v. SHERRY LABARBERA AND LOUIS LABARBERA, Appellees
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-05250-2022
Before Chief Justice Burns, Justice Goldstein, and Justice Miskel Opinion by Chief Justice Burns
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
On October 24, 2024, we ordered the parties to mediation and abated this proceeding. We lift the abatement and reinstate this proceeding.
Before the Court is the parties "Agreed Motion to Remand for the Purpose of Dismissal." In the motion, the parties state they have settled all matters in controversy and have agreed to remand this case to the trial court for entry of an agreed order of dismissal with prejudice.
Pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(B), we grant the parties' agreed motion to remand and, without regard to the merits, set aside the trial court's March 4, 2023 Order Granting Defendants' First Amended Rule 91a Motion to Dismiss and April 7, 2023 Order Awarding Attorney's Fees 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) ("In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may: (B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement[.]").
JUDGMENT
In accordance with this Court's opinion of this date, we SET ASIDE the trial court's March 4, 2023 Order Granting Defendants' First Amended Rule 91a Motion to Dismiss without regard to the merits, SET ASIDE the trial court's April 7, 2023 Order Awarding Attorney's Fees without regard to the merits, and REMAND this case to the trial court for entry of judgment in accordance with the parties' agreement.
It is ORDERED that each party bear their own costs of this appeal.
Judgment entered.