BNSF Railway Company v. Bobby Brown

• Court: Court of Appeals of Texas
• Decided: April 4, 2024
• Docket: 02-23-00257-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00257-CV ___________________________

BNSF RAILWAY COMPANY, Appellant

V.

BOBBY BROWN, Appellee

On Appeal from the 48th District Court Tarrant County, Texas Trial Court No. 048-301901-18

Before Sudderth, C.J.; Birdwell and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

The parties have filed a “Joint Motion to Dispose of Appeal and Issue Mandate

Forthwith Under Texas Rules of Appellate Procedure 18.1(c) and 42.1(a)(2)(B).” The

motion is granted.

In accordance with the parties’ agreement and joint motion, we set aside the

trial court’s judgment without regard to the merits, and we remand the case to the trial

court for rendition of judgment consistent with the terms of the parties’ settlement.

Tex. R. App. P. 42.1(a)(2)(B); see Crabbe v. Sanders, No. 02-22-00301-CV, 2023 WL

5615803, at *1 (Tex. App.—Fort Worth Aug. 31, 2023, no pet.) (mem. op.) (granting

joint motion, setting aside judgment without regard to merits, and remanding case for

judgment in accordance with settlement).

Because the parties have agreed to and requested the expedited issuance of a

mandate, see Tex. R. App. P. 18.1(c), such mandate shall issue immediately.

Each party must bear its own appellate costs. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: April 4, 2024