Jester Venture, Ltd., Jester Venture I, Inc., Gregory Baxter and GMB Development, Inc. v. Robert Nash and Marshall McAlpine

• Court: Court of Appeals of Texas
• Decided: July 17, 2006
• Docket: 01-06-00512-CV
• Status: Published

Opinion

Opinion issued July 17, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00512-CV

JESTER VENTURE, LTD., JESTER VENTURE I, INC., GREGORY BAXTER, AND GMB DEVELOPMENT, INC., Appellants

V.

ROBERT NASH, LIND LACKNER WHEELER, AND HOWARD W. MAYS, Appellees

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On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2001-20947

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MEMORANDUM OPINION

          The Court today considered the parties’ agreed motion to vacate the trial court’s judgment and dismiss the case with prejudice. The motion is granted as follows:

          (1)     Without regard to the merits, the trial court’s judgment is vacated and the case is dismissed. Tex. R. App. P. 43.2(e); see Markowitz v. St. Joseph Regional Health Center, No. 01–03–00398–CV, 2004 Tex. App. LEXIS 6344 (Tex. App.—Houston [1st Dist.] July 15, 2004, no pet.) (mem. op.) (vacating the trial court’s judgment and dismissing the case based on the parties joint motion to vacate and Texas Rule of Appellate Procedure 43.2(e)); Internet America, Inc. v. Carradine, 106 S.W.3d 906, 907 (Tex. App.—Dallas 2003, no pet.) (vacating the trial court’s judgment and dismissing the case based upon the joint agreed motion for disposition pursuant to settlement agreement and Texas Rule of Appellate Procedure 43.2(e)); Young Materials Corp. v. Smith, 4 S.W.3d 84 (Tex. App.—Waco 1999, no pet.) (vacating the trial court’s judgment and dismissing the case based upon the parties’ agreed motion to dismiss the entire cause and Texas Rule of Appellate Procedure 43.2(e));

          (2)     All other pending motions are overruled as moot.

          (3)     Appellant shall pay all costs incurred by reason of this appeal. Tex. R. App. P. 42.1(d).

                                                   PER CURIAM

Panel consists of Chief Justice Radack and Justices Taft and Nuchia.