Opinion
02-21-00246-CV
12-30-2021
Lone Tree Resources & Consulting, Inc., Appellant v. Persepolis, Inc., Frankford Gateway LLC, Mohamad 'Mo' Reza Kaeini, Daniela Kaeini, Ali A. Iranzad & Athena Labelle, Appellees AND Mohamad 'Mo' Reza Kaeini and Daniela Kaeini, Appellants v. Farzin Asfshar, Appellee
On Appeal from the 367th District Court Denton County, Texas Trial Court No. 18-9283-367
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
MEMORANDUM OPINION AND JUDGMENT
Per Curiam
We have considered the parties' "Agreed Dismissal of Appeal." It is the court's opinion that the motion should be granted in part and denied in part; therefore, we set aside the trial court's judgment without regard to the merits and remand this case to the trial court to render judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B); Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995). Because we cannot both set aside the trial court's judgment and dismiss the appeal, we deny the motion as to the parties' request that we dismiss the appeal. See Tex. R. App. P. 43.2(d), (f); Lantana Ridge Prop. Owners Ass'n, Inc. v. SJWTX, Inc., No. 03-19-00303-CV, 2021 WL 904865, at *1 (Tex. App.-Austin Mar. 10, 2021, no pet.) (mem. op. on reh'g).
Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.