McSchaffry v. Amegy Bank National Asso.

Full title: MARK McSCHAFFRY, Appellant v. AMEGY BANK NATIONAL ASSOCIATION, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Jun 18, 2009

No. 01-08-00493-CV (Tex. App. Jun. 18, 2009)

Opinion

No. 01-08-00493-CV

Opinion Issued June 18, 2009.

On Appeal from the 125th District Court, Harris County, Texas, Trial Court Cause No. 2007-14880.

Panel consists of Judges BLAND, SHARP, and TAFT.¹

1 Justice Tim Taft, who retired from the First Court of Appeals on June 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on March 10, 2009.

Justice Sharp would withdraw the April 2 opinion.

SUPPLEMENTAL MEMORANDUM OPINION

JANE BLAND, Justice.

Mark McShaffry and Amegy Bank National Association have jointly moved this court to dismiss their appeal under Texas Rule of Appellate Procedure 42.1(a)(2) pursuant to a settlement agreement. See TEX. R. APP. P. 42.1(a)(2). The parties further request that we dismiss the appeal and withdraw our judgment and opinion of April 2, 2009. We deny the motion to withdraw our April 2 opinion. Pursuant to Texas Rule of Appellate Procedure 42.1(c), our opinion stands without regard to the merits of this case. We VACATE our judgment of April 2, 2009. We GRANT the motion to dismiss the appeal pursuant to settlement. We dismiss all other pending motions as moot.