Opus AE Group, L.L.C. v. AKF Group, LLC

Court of Appeals of Texas·Decided September 8, 2021·No. 04-20-00609-CV·Published

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00609-CV

OPUS AE GROUP, L.L.C.,

Appellants

v.

AKF GROUP, LLC,

Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-10826 Honorable Aaron Haas, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: September 8, 2021 DISMISSED FOR LACK OF JURISDICTION The parties have filed a joint motion to dispose of this appeal, apportion costs, and accelerate the issuance of the mandate. In their joint motion, the parties acknowledge that we lack jurisdiction over this appeal, but they also state they have reached an agreement to settle the disputes between them. The parties ask us to dismiss this appeal for lack of jurisdiction and remand the case to the trial court for entry of a judgment in conformity with their settlement agreement. The joint motion is granted. This appeal is dismissed for lack of jurisdiction, and the case is remanded to the trial court for entry of a judgment in conformity with the parties’ settlement

04-20-00609-CV

agreement. See TEX. R. APP. P. 42.1(a); see also Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.) (recognizing “the power inherent in this court to dismiss [an] appeal in accordance with the parties’ intentions.”). In accordance with the parties’ agreement, each party shall pay its own costs on appeal, and the mandate shall issue immediately. See TEX. R. APP. P. 42.1(d), 18.1(c).

PER CURIAM

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Related

Caballero v. Heart of Texas Pizza, L.L.C.
70 S.W.3d 180 (Court of Appeals of Texas, 2001)