Opinion
No. 05-11-01392-CV
10-18-2012
CHARLES "CHUCK" ORMAND WILLIAMS II AND CYNTHIA A. WILLIAMS, Appellants v. MS CONSTRUCTORS LLC D/B/A MONTY SMITH COMPANY, Appellee
SET ASIDE AND REMANDED:
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 09-02226
MEMORANDUM OPINION
Before Justices Moseley, Fillmore, and Myers
Opinion By Justice Myers
Before the Court is the parties' joint motion to dismiss the appeal. The parties inform the Court that they have settled their differences. They ask that we set aside the trial court's judgment and remand the case to the trial court for rendition of judgment in accordance with their settlement agreement.
We grant the parties' motion. We set aside the trial court's judgment without regard to the merits and remand the case to the trial court for the rendition of judgment in accordance with their settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B).
LANA MYERS
JUSTICE
111392F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CHARLES "CHUCK" ORMAND WILLIAMS II AND CYNTHIA A. WILLIAMS, Appellants
V.
MS CONSTRUCTORS LLC D/B/A MONTY SMITH COMPANY, Appellee
No. 05-11-01392-CV
Appeal from the 162nd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 09- 02226).
Opinion delivered by Justice Myers, Justices Moseley and Fillmore, participating.
Based on the Court's opinion of this date, the judgment of the trial court is SET ASIDE without regard to the merits and the case is REMANDED to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
Subject to any agreement of the parties regarding costs, it is ORDERED that appellee, MS Constructors LLC d/b/a Monty Smith Company, recover its costs of the appeal from appellants, Charles "Chuck" Ormand Williams II and Cynthia A. Williams.
Judgment entered October 18, 2012.
LANA MYERS
JUSTICE