BBA Aviation USA, Inc., Signature Flight Support Corporation, and Piedmont Hawthorne Aviation, LLC D/B/A Signature Flight Support v. Sunwest Aero, LLC

Opinion

Set Aside Judgment and Remand; Opinion Filed January 28, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01575-CV

BBA AVIATION USA, INC., SIGNATURE FLIGHT SUPPORT CORPORATION, AND PIEDMONT HAWTHORNE AVIATION, LLC D/B/A SIGNATURE FLIGHT SUPPORT, Appellants V. SUNWEST AERO, LLC, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-05384

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Nowell This appeal was submitted on January 26, 2021. Before the Court issued an

opinion, the parties filed a “Notice of Settlement and Agreed Motion to Set Aside

Trial Court’s Judgment.” In the agreed motion, the parties requested that, pursuant

to Texas Rule of Appellate Procedure 42.1(a)(2)(B), we set aside the trial court’s

judgment without regard to the merits and remand the case to the trial court for

rendition of judgment and dismissal with prejudice. We grant the motion. We set aside the trial court’s October 3, 2019 final

judgment without regard to the merits and remand the case to the trial court for

rendition of judgment and dismissal with prejudice. See TEX. R. APP. P.

42.1(a)(2)(B).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

191575F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BBA AVIATION USA, INC., On Appeal from the 193rd Judicial SIGNATURE FLIGHT SUPPORT District Court, Dallas County, Texas CORPORATION, AND Trial Court Cause No. DC-19-05384. PIEDMONT HAWTHORNE Opinion delivered by Justice Nowell. AVIATION, LLC D/B/A Justices Molberg and Reichek SIGNATURE FLIGHT SUPPORT, participating. Appellants

No. 05-19-01575-CV V.

SUNWEST AERO, LLC, Appellee

In accordance with this Court’s opinion of this date, we SET ASIDE the judgment of the trial court without regard to the merits and REMAND the case to the trial court for entry of judgment and dismissal with prejudice.

As agreed by the parties, we ORDER each party bear its own costs of this appeal.

Judgment entered this 28th day of January, 2021.

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