First State Bank, Stratford-Dumas-Dalhart v. Bacc Farms, LTD. and Rockin' Lazy S Cattle Co., Inc.

Opinion

NO. 07-05-0112-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO

PANEL B

JANUARY 4, 2006

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FIRST STATE BANK,

Appellant

v.

BACC FARMS, LTD. and ROCKIN’ LAZY S CATTLE CO., INC.,

Appellees

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FROM THE 69th DISTRICT COURT OF MOORE COUNTY;

NO. 04-32; HON. RON ENNS, PRESIDING

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Memorandum Opinion

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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

First State Bank, appellant, and BACC Farms, Ltd. and Rockin’ Lazy S Cattle Co., Inc., appellees, have filed a joint motion to reverse judgment pursuant to a settlement agreement. So too do they ask that we remand the cause to the trial court for entry of an order dismissing the suit with prejudice. Per the request of the parties, we grant the motion, reverse the judgment, and remand the cause to the trial court to effectuate the settlement agreement. See Dunn v. Canadian Oil & Gas Services, Inc., 908 S.W.2d 323

(Tex. App.–El Paso 1995, no pet.) (authorizing such relief). Having reversed the judgment and remanded the cause to the trial court at the request of the parties, no motion for rehearing will be entertained and our mandate shall issue forthwith.

Brian Quinn

Chief Justice