Opinion
No. 05-13-00050-CV
01-31-2013
STEVE ROUSE, Appellant v. TEXAS CAPITAL BANK, N.A., Appellee
On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-12-13003
OPINION
Before Chief Justice Wright and Justices Lang-Miers and Lewis
Opinion by Chief Justice Wright
Before the Court is the January 18, 2013 joint motion to set aside appealed part of judgment pursuant to settlement. In the motion, the parties state they have settled all claims between them. The parties also state, and our records show, that Tri-County Autoplex was a party in the trial court, but did not perfect an appeal. We grant the parties' joint motion, and pursuant to the parties request, set aside without regard to the merits the portion of the judgment that awards damages and injunctive relief against Rouse, and remand that portion of the judgment to the trial court for rendition of judgment in accordance with the parties' agreement.
See TEX. R. APP. P. 42.1(a)(2)(B).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 130050F.P05
JUDGMENT
On Appeal from the 162nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-12-13003.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Lewis participating.
In accordance with this Court's opinion of this date, the portion of the judgment that awards damages and injunctive relief against Steve Rouse is SET ASIDE without regard to the merits. In all other respects, the trial court's judgment is AFFIRMED. We REMAND this cause to the trial court for rendition of judgment pursuant to the parties' agreement.
It is ORDERED that each party bear its own costs of this appeal. Judgment entered this January 31, 2013.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE