Opinion
NO. 02-13-00407-CV
12-27-2013
METRO GAMES, INC. AND METRO ROUTE SERVICES, INC. APPELLANTS v. BOOMERJACK VENTURES, LLC; WILLIAM C. BRIDGES, M.D. & ASSOCIATES, P.A.; WILLIAM C. BRIDGES; AND BRENT TIPPS APPELLEES
FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION AND JUDGMENT
See Tex. R. App. P. 47.4.
We have considered the parties' "Agreed Motion To Vacate Final [Trial Court] Judgment And For Dismissal Of Appeal With Prejudice," requesting that we vacate the trial court's judgment and dismiss this appeal. Rule 42.1(a)(2), however, does not allow us to both vacate the trial court's judgment and dismiss the appeal. It is therefore the court's opinion that the motion should be granted in part and denied in part.
See Tex. R. App. P. 42.1(a)(2)(A), (B); see also Cunningham v. Cunningham, No. 02-08-00362-CV, 2008 WL 5479677, at *1 n.2 (Tex. App.— Fort Worth Oct.30, 2008, no pet.) (mem. op.).
See Tex. R. App. P. 42.1(a)(2), 43.2(e).
Accordingly, without regard to the merits, we set aside the trial court's judgment and remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
See Tex. R. App. P. 42.1(a)(2)(B), (c), 43.2(d); Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995).
Costs of the appeal shall be paid by appellants, for which let execution issue.
See Tex. R. App. P. 42.1(d).
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PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.