LegacyTexas Bank v. Robert A. Imel

Opinion

REVERSE and RENDER and Opinion Filed June 7, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00455-CV

LEGACYTEXAS BANK, Appellant V. ROBERT A. IMEL, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-01372

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns This appeal follows the trial court’s March 8, 2019 second amended final judgment in favor

of Robert A. Imel and against LegacyTexas Bank and Energy Reserves Group, LLC. Only

LegacyTexas has appealed.

Stating they have settled all matters in controversy between them, LegacyTexas and Imel

have filed a joint motion to vacate the portion of the judgment against LegacyTexas and render

judgment dismissing with prejudice the claims against LegacyTexas. We grant the motion.

Without regard to the merits, we vacate the trial court’s March 8th judgment as it relates to

LegacyTexas only and render judgment dismissing with prejudice Imel’s claims against

LegacyTexas. See TEX. R. APP. P. 42.1(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III 190455F.P05 CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

LEGACYTEXAS BANK, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-19-00455-CV V. Trial Court Cause No. DC-16-01372. Opinion delivered by Chief Justice Burns, ROBERT A. IMEL, Appellee Justices Molberg and Nowell participating.

In accordance with this Court’s opinion of this date and without regard to the merits, we REVERSE the trial court’s March 8, 2019 second amended final judgment as it pertains to LegacyTexas Bank only and RENDER JUDGMENT DISMISSING WITH PREJUDICE Robert A. Imel’s claims against LegacyTexas Bank.

As agreed by the parties, we ORDER each party bear its own costs of this appeal. The obligations of LegacyTexas Bank, as principal, and Westchester Fire Insurance Company, as surety, on appellant’s supersedeas bond are RELEASED.

Judgment entered June 7, 2019.

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