Mark S. McShaffry v. Amegy Bank National Association

Opinion

Opinion Issued June 18, 2009

Opinion Issued June 18, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00493-CV

MARK MCSCHAFFRY, Appellant

V.

AMEGY BANK NATIONAL ASSOCIATION, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2007-14880

SUPPLEMENTAL MEMORANDUM OPINION

          Mark McShaffry and Amegy Bank National Association have jointly moved this court to dismiss their appeal under Texas Rule of Appellate Procedure 42.1(a)(2) pursuant to a settlement agreement.  See Tex. R. App. P. 42.1(a)(2).  The parties further request that we dismiss the appeal and withdraw our judgment and opinion of April 2, 2009.  We deny the motion to withdraw our April 2 opinion.  Pursuant to Texas Rule of Appellate Procedure 42.1(c), our opinion stands without regard to the merits of this case.  We VACATE our judgment of April 2, 2009.  We GRANT the motion to dismiss the appeal pursuant to settlement.  We dismiss all other pending motions as moot.

                                                          Jane Bland

                                                         Justice

Panel consists of Judges Bland, Sharp, and Taft.[1]

Justice Sharp would withdraw the April 2 opinion.

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[1] Justice Tim Taft, who retired from the First Court of Appeals on June 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on March 10, 2009.