Eagle I, James P. Graham and Animal House v. David Potter

• Court: Court of Appeals of Texas
• Decided: March 11, 2015
• Docket: 05-14-01035-CV
• Status: Published

Opinion

Reversed and Remanded and Opinion Filed March 11, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01035-CV

EAGLE I, JAMES P. GRAHAM AND ANIMAL HOUSE, Appellants V. DAVID POTTER, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-00570

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Before the Court is a February 20, 2015, agreed motion for reversal and remand pursuant

to settlement. In the motion, the parties request that we reverse the summary judgment and

remand this case for dismissal of all claims with prejudice. We grant the motion, reverse the trial

court’s July 3, 2014, final summary judgment, and remand this case for the trial court to dismiss

all claims pursuant to the parties’ agreement. TEX. R. APP. P. 42.1(a)(2)(A).

141035F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EAGLE I, JAMES P. GRAHAM AND On Appeal from the 44th Judicial District ANIMAL HOUSE, Appellants Court, Dallas County, Texas Trial Court Cause No. DC-14-00570. No. 05-14-01035-CV V. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart DAVID POTTER, Appellee participating.

In accordance with this Court’s opinion of this date, the judgment of the trial court is REVERSED and this cause is REMANDED to the trial court for further proceedings consistent with this opinion.

Subject to the agreement of the parties, it is ORDERED that each party bear its own costs of this appeal.

Judgment entered March 11, 2015.

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