Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt

Court of Appeals of Texas

Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt

DecidedJuly 24, 2024

Docket05-24-00731-CV

StatusPublished

This text of Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt (Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt, (Tex. Ct. App. 2024).

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Opinion

Judgment Vacated and Case Remanded and Opinion Filed July 24, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00731-CV

DALLAS BERKSHIRE PARTNERS, LTD, Appellant V. GLASS CELLAR, LLC AND RANDALL M. DEWITT, Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-04908

MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Breedlove Before the Court is appellant’s agreed motion to dismiss the appeal because the parties have settled their dispute. Appellant asks that we dismiss the appeal, vacate the trial court’s judgment, and remand this case to the trial court with instructions for the trial court to dismiss all claims with prejudice. We grant the motion as follows. We set aside the trial court’s April 4, 2024 judgment without regard to the merits and remand this case to the trial court for entry of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

/Maricela Breedlove/ MARICELA BREEDLOVE 240731F.P05 JUSTICE

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

DALLAS BERKSHIRE On Appeal from the 68th Judicial PARTNERS, LTD, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-04908. No. 05-24-00731-CV V. Opinion delivered by Justice Breedlove. Justices Smith and Miskel GLASS CELLAR, LLC AND participating. RANDALL M. DEWITT, Appellees

In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s April 4, 2024 judgment without regard to the merits and REMAND this case to the trial court for entry of judgment in accordance with the parties’ agreement.

Subject to any agreement between the parties, we ORDER that appellees GLASS CELLAR, LLC AND RANDALL M. DEWITT recover their costs of this appeal from appellant DALLAS BERKSHIRE PARTNERS, LTD.

Judgment entered July 24, 2024

–3–

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Judgment Vacated and Case Remanded and Opinion Filed July 24, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00731-CV

DALLAS BERKSHIRE PARTNERS, LTD, Appellant V. GLASS CELLAR, LLC AND RANDALL M. DEWITT, Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-04908

MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Breedlove Before the Court is appellant’s agreed motion to dismiss the appeal because the parties have settled their dispute. Appellant asks that we dismiss the appeal, vacate the trial court’s judgment, and remand this case to the trial court with instructions for the trial court to dismiss all claims with prejudice. We grant the motion as follows. We set aside the trial court’s April 4, 2024 judgment without regard to the merits and remand this case to the trial court for entry of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

/Maricela Breedlove/ MARICELA BREEDLOVE 240731F.P05 JUSTICE

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

DALLAS BERKSHIRE On Appeal from the 68th Judicial PARTNERS, LTD, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-04908. No. 05-24-00731-CV V. Opinion delivered by Justice Breedlove. Justices Smith and Miskel GLASS CELLAR, LLC AND participating. RANDALL M. DEWITT, Appellees

In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s April 4, 2024 judgment without regard to the merits and REMAND this case to the trial court for entry of judgment in accordance with the parties’ agreement.

Subject to any agreement between the parties, we ORDER that appellees GLASS CELLAR, LLC AND RANDALL M. DEWITT recover their costs of this appeal from appellant DALLAS BERKSHIRE PARTNERS, LTD.

Judgment entered July 24, 2024

–3–

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