City of Lone Oak, Texas v. Lone Oak Independent School District

Opinion

SET ASIDE and REMAND and Opinion Filed March 7, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00946-CV

CITY OF LONE OAK, TEXAS, Appellant V. LONE OAK INDEPENDENT SCHOOL DISTRICT, Appellee

On Appeal from the 354th District Court Hunt County, Texas Trial Court Cause No. 91463

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Before the Court is the parties’ joint motion to dismiss the appeal. They ask that we dismiss the appeal and return the matter “to the trial court so that a final dismissal of all claims may be effectuated.” We grant the motion, which we construe as a motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B), set aside the trial court’s judgment without regard to the merits, and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220946F.P05

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

CITY OF LONE OAK, TEXAS, On Appeal from the 354th District Appellant Court, Hunt County, Texas Trial Court Cause No. 91463. No. 05-22-00946-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein LONE OAK INDEPENDENT participating. SCHOOL DISTRICT, Appellee

In accordance with this Court’s opinion of this date, 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 in accordance with the parties’ agreement.

It is ORDERED that appellee LONE OAK INDEPENDENT SCHOOL DISTRICT recover its costs of this appeal from appellant CITY OF LONE OAK, TEXAS.

Judgment entered this 7th day of March 2023.

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