George Russell, the Ethician Foundation A/K/A the Universal Ethician Foundation, and the Ethician Church v. Waterwood Improvement Association, Inc.

• Court: Court of Appeals of Texas
• Decided: August 10, 2023
• Docket: 09-23-00079-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00079-CV __________________

GEORGE RUSSELL, THE ETHICIAN FOUNDATION A/K/A THE UNIVERSAL ETHICIAN FOUNDATION, AND THE ETHICIAN CHURCH, Appellants

V.

WATERWOOD IMPROVEMENT ASSOCIATION, INC., Appellee

__________________________________________________________________

On Appeal from the 411th District Court San Jacinto County, Texas Trial Cause No. CV17,153 __________________________________________________________________

MEMORANDUM OPINION

George Russell, The Ethician Foundation a/k/a The Universal Ethician

Foundation, and The Ethician Church, Appellants, filed a notice of accelerated

appeal of the denial of their motion to dismiss, which was overruled by operation of

law. Before this Court issued an opinion, Waterwood Improvement Association,

Inc., Appellee, filed an agreed motion to set aside the trial court’s interlocutory order

1 and remand the case to the trial court for dismissal of all claims in accordance with

the parties’ settlement agreement.

We grant the agreed motion, set aside the trial court’s interlocutory order

denying the motion to dismiss without reference to the merits, and remand the case

to the trial court for dismissal of all claims in accordance with the parties’ settlement

agreement. See Tex. R. App. P. 42.1(a)(2)(B).

VACATED AND REMANDED.

PER CURIAM

Submitted on August 9, 2023 Opinion Delivered August 10, 2023

Before Golemon, C.J., Horton and Wright, JJ.