Michael Gray v. the Kirkwood South Committee

• Court: Court of Appeals of Texas
• Decided: June 17, 2004
• Docket: 14-03-01267-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 17, 2004

Dismissed and Memorandum Opinion filed June 17, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01267-CV

MICHAEL GRAY, Appellant

V.

THE KIRKWOOD SOUTH COMMITTEE, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 03-17175

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed October 10, 2003.  As a result of mediation, the parties have entered into a comprehensive settlement agreement, resolving all claims, disputes, and matters in controversy.  On June 9, 2004, the parties filed a joint and agreed motion to vacate the judgment of the trial court without regard to the merits and dismiss the case.  See Tex. R. App. P. 43.2(e).  The parties agree that the AOrder Granting Defendant=s Motion for Order Determining Plaintiff a Vexatious Litigant and Requiring Security@ signed June 25, 2003, should be vacated and that all claims and counterclaims raised in this cause should be dismissed with prejudice.  The motion is granted.

Accordingly, the trial court=s judgment signed October 10, 2003, is ordered vacated, the AOrder Granting Defendant=s Motion for Order Determining Plaintiff a Vexatious Litigant and Requiring Security@ signed June 25, 2003, is ordered vacated, and all claims and counterclaims raised in cause number 2003-17175 are dismissed with prejudice.

PER CURIAM

Judgment rendered and Memorandum Opinion filed June 17, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.