Metropolitan Park Management, LLC and Sue Ann Ma v. Susan Hyman

• Court: Court of Appeals of Texas
• Decided: September 24, 2015
• Docket: 09-15-00033-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00033-CV ____________________

METROPOLITAN PARK MANAGEMENT, LLC AND SUE ANN MA, Appellants

V.

SUSAN HYMAN, Appellee _______________________________________________________ ______________

On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-184,614 ________________________________________________________ _____________

MEMORANDUM OPINION

The appellants, Metropolitan Park Management, LLC and Sue Ann Ma, and

the appellee, Susan Hyman, have filed a joint motion to vacate the trial court’s

judgment and jury verdict and dismiss the case by rendering judgment effectuating

the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A). The parties

have informed the Court that they have compromised and settled the entire

controversy without any admission of wrongdoing of any kind. As part of the

1 compromise and settlement and by agreement of the parties, appellants and the

appellee jointly request this Court to: (1) vacate and set aside the judgment of the

trial court; (2) set aside and nullify in its entirety the jury verdict from the trial

court; (3) dismiss appellee Susan Hyman’s claims with prejudice; (4) dismiss the

claims against Metropolitan Park Management, LLC and Sue Ann Ma with

prejudice; and (5) find the parties shall bear their own costs. Id.

The joint motion to vacate the trial court’s judgment and jury verdict and

dismiss the case is granted. We vacate the trial court’s judgment, thereby setting

aside the jury verdict in its entirety. See Tex. R. App. P. 43.2(e). The entire case,

including Susan Hyman’s claims, the claims against Metropolitan Park

Management, LLC, and the claims against Sue Ann Ma, are dismissed with

prejudice. See id. The parties shall, by agreement, bear their own costs. See Tex. R.

App. P. 43.4.

JUDGMENT VACATED; CASE DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on September 23, 2015 Opinion Delivered September 24, 2015

Before McKeithen, C.J., Kreger and Horton, JJ. 2