Patrick Gorman v. Xochitl Benvenuto

• Court: Court of Appeals of Texas
• Decided: January 22, 2018
• Docket: 05-17-01038-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed January 22, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01038-CV

PATRICK GORMAN, Appellant V. XOCHITL BENVENUTO, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-01262

MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Brown Before the Court is appellant’s January 8, 2018 agreed motion to vacate the trial court’s

judgment. Appellant filed this appeal seeking review of the trial court’s final judgment and

attendant trial and pretrial rulings. Since filing, the parties agreed to mediation and were able to

resolve all of their issues related to this appeal. Per their settlement agreement, the parties wish to

set aside the trial court’s judgment and dismiss the litigation. Specifically, appellant “prays this

Court: (1) vacate the trial court’s judgment from which this appeal is taken, without regard to the

merits, and (2) render judgment dismissing [a]ppellee’s claims against [a]ppellant with prejudice,

with each party bearing its own costs.” We grant the parties’ motion, vacate the trial court’s judgment without regard to the merits,

and render judgment dismissing the case with prejudice. TEX. R. APP. P. 42.1(a)(1)(A), 43.2(e).

/Ada Brown/ ADA BROWN JUSTICE

171038F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

PATRICK GORMAN, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-17-01038-CV V. Trial Court Cause No. DC-16-01262. Opinion delivered by Justice Brown. XOCHITL BENVENUTO, Appellee Justices Lang and Whitehill participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 22nd day of January, 2018.

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