Opinion
02-21-00037-CV
10-28-2021
Kobi Electric, LLC; Kobi International, Inc.; and Fouad Saade a/k/a Frank Saade, Appellants v. UMB Bank, N.A., Appellee AND UMB Bank, N.A., Appellant v. Michael Sawilowsky, Appellee
On Appeal from the 17th District Court Tarrant County, Texas Trial Court No. 017-299994-18.
Before Walker, J.; Sudderth, C.J.; and Kerr, J.
MEMORANDUM OPINION AND ORDER
Per Curiam
We have considered the "Joint Motion of UMB Bank, N.A., and Michael Sawilowsky to Vacate and Render Judgment Pursuant to Settlement." Because it will not prejudice the remaining parties, we grant the motion in part and dismiss UMB Bank's notice of appeal. See Tex. R. App. P. 42.1(b). The appeal filed by Kobi Electric, LLC; Kobi International, Inc.; and Fouad Saade remains pending. The style of this case shall now be Kobi Electric, LLC; Kobi International, Inc.; and Fouad Saade a/k/a Frank Saade v. UMB Bank, N.A. UMB Bank and Sawilowsky's requests to vacate the trial court's judgment regarding the claims between them, to enter judgment dismissing those claims with prejudice pursuant to their settlement agreement, and to assess costs equally between them will be carried with the case. See, e.g., Dawson v. Lipham, No. 02-15-00136-CV, 2016 WL 438394, at *1 (Tex. App.-Fort Worth Feb. 4, 2016) (per curiam) (mem. op.), disp. on merits, 2016 WL 3569248 (Tex. App.-Fort Worth June 30, 2016, no pet.) (mem. op.).
We will not consider UMB Bank's July 22, 2021 appellant's brief in our disposition of the remainder of this appeal. UMB Bank's appellee's brief remains due no later than November 5, 2021.