Richard F. Bunch III and Michelle Bunch v. the Woodlands Land Development Company, LP

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00136-CV ____________________

RICHARD F. BUNCH III AND MICHELLE BUNCH, ET AL, Appellants

V.

THE WOODLANDS LAND DEVELOPMENT COMPANY, LP, ET AL, Appellees _______________________________________________________ ______________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 12-02-01950-CV ________________________________________________________ _____________

MEMORANDUM OPINION

The appellants, Richard F. Bunch III and Michelle Bunch, filed a motion to

sever that portion of the trial court’s judgment in favor of HVJ Associates, Inc., set

aside the severed portion, and remand the severed portion of the case to the trial

court for rendition of judgment in accordance with the parties’ agreement. None of

the parties filed an objection to the appellants’ motion to sever, set aside, and

1 remand. A severable portion of the appeal may be disposed of by agreement of the

parties if it will not prejudice the remaining parties. See Tex. R. App. P. 42.1(b).

We grant the motion, sever the Bunches’ appeal of the trial court’s summary

judgment dismissing with prejudice the Bunches’ claims against HVJ Associates,

Inc., vacate without regard to the merits the trial court’s judgment dismissing the

Bunches’ claims against HVJ Associates, Inc., and remand that part of the case to

the trial court for rendition of judgment in accordance with the parties’ agreement.

See Tex. R. App. P. 43.2(d).

We direct the Clerk of the Court to change the style of the appeal to Richard

F. Bunch III and Michelle Bunch, et al. v. The Woodlands Land Development

Company, LP.

APPEAL SEVERED; VACATED AND REMANDED.

Submitted on September 28, 2016 Opinion Delivered September 29, 2016

Before McKeithen, C.J., Horton and Johnson, JJ.