Curbed.com, LLC and Sarah Firshein v. Dr. Richard Malouf and Leanne Malouf

• Court: Court of Appeals of Texas
• Decided: April 29, 2015
• Docket: 05-13-01636-CV
• Status: Published

Opinion

Vacate and Remand and Opinion Filed April 29, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01636-CV

CURBED.COM, LLC AND SARAH FIRSHEIN, Appellants V. DR. RICHARD MALOUF AND LEANNE MALOUF, Appellees

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-12-06268-C

MEMORANDUM OPINION Before Justices Fillmore, Stoddart, and Whitehill Opinion by Justice Whitehill

The parties have filed a joint motion to dismiss the appeal, vacate the trial court’s order,

and remand this case to the trial court with instructions to enter judgment in accordance with the

parties’ agreement. We grant the motion to the extent that we set aside the trial court’s order

without reference to the merits and remand the case to the trial court for rendition of judgment

consistent with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

131636F.P05 /Bill Whitehill/ BILL WHITEHILL JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CURBED.COM, LLC AND SARAH On Appeal from the County Court at Law FIRSHEIN, Appellants No. 3, Dallas County, Texas Trial Court Cause No. CC-12-06268-C. No. 05-13-01636-CV V. Opinion delivered by Justice Whitehill. Justices Fillmore and Stoddart participating. DR. RICHARD MALOUF AND LEANNE MALOUF, Appellees

In accordance with this Court’s opinion of this date, we VACATE the trial court’s November 4, 2013 Order Denying Defendants Curbed.com, LLC and Sarah Firshein’s Anti- SLAPP Motion to Dismiss under Texas Civil Practice & Remedies Code § 27.001 et seq. 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 each party bear its own costs of this appeal.

Judgment entered April 29, 2015.

–2–