Opinion
No. 04-15-00514-CV
01-27-2016
SELECT BUILDING SYSTEMS, INC. and Tri-Bar Ranch Company, Ltd., Appellants v. ROBERTSON ELECTRIC, INC., Appellee
MEMORANDUM OPINION
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 13-212
Honorable Bill R. Palmer, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice MOTIONS TO SET ASIDE AND DISMISS GRANTED; DISMISSED IN PART AND SET ASIDE AND REMANDED IN PART
Appellants Select Building Systems, Inc. and Tri-Bar Ranch Company, Ltd. have filed motions to dispose of this appeal, asserting that all issues among the parties have been settled. The motions request that we set aside part of the judgment without reference to the merits and remand that part of the case to the trial court for rendition of judgment in accordance with the settlement agreement and that we dismiss the remainder of the appeal. See TEX. R. APP. P. 42.1(a). The motions do not evidence any agreement as to costs.
We grant the motions. The appeal of Select Building Systems, Inc. is dismissed in its entirety. The part of the trial court's judgment that renders judgment in favor of Select Building Systems, Inc. and against Tri-Bar Ranch Company, Ltd. is set aside without reference to the merits, and Select Building Systems, Inc.'s claims against Tri-Bar Ranch Company, Ltd. are remanded to the trial court for rendition of judgment in accordance with the parties' agreement. In all other respects the appeal of Tri-Bar Ranch Company, Ltd. is dismissed.
Costs incurred in this appeal by appellee Robertson Electric, Inc., are taxed against appellant Select Building Systems, Inc., and costs incurred in this appeal by Select Building Systems, Inc. are taxed against appellant Tri-Bar Ranch Company, Ltd. See TEX. R. APP. P. 42.1(d).
PER CURIAM