Kansas City Southern RW v. Robinson

Full title: THE KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant v. PATRICK ROBINSON…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jun 30, 2005

No. 02-05-062-CV (Tex. App. Jun. 30, 2005)

Opinion

No. 02-05-062-CV

Delivered: June 30, 2005.

Appeal from the 211th District Court of Denton County.

PANEL M: HOLMAN, DAUPHINOT, and GARDNER, JJ.

MEMORANDUM OPINION AND JUDGMENT ¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

Appellant the Kansas City Southern Railway Company and Appellee Patrick Robinson have filed a joint motion informing us that they have settled the claims asserted by Robinson against the Kansas City Southern Railway Company. They request we set aside the trial court's judgment as to these parties without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the settlement agreement. See Tex.R.App.P. 2.1(a)(2)(B).

The motion is GRANTED. The trial court's judgment in favor of Patrick Robinson and against the Kansas City Southern Railway Company is set aside without regard to the merits and the case is remanded to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See id. The Kansas City Southern Railway Company and Patrick Robinson shall each pay any costs on appeal incurred by them.