Rough Creek Management, LLC v. Donna Weiss

Opinion

Vacate and Render, and Opinion Filed July 24, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01333-CV

ROUGH CREEK MANAGEMENT, L.L.C., CARY PLATT, AND PAUL BOCCAFOGLI, Appellants V. DONNA WEISS, INDIVIDUALLY, AND AS NEXT FRIEND OF JORDAN WEISS, A MINOR CHILD, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-05554

MEMORANDUM OPINION Before Justices Bridges, Lang, and Evans Opinion by Justice Lang On the Court’s own motion, we withdraw our opinion and vacate our judgment of July 8,

2014. This is now the opinion of the Court.

Before the Court is the parties’ joint motion to vacate and render judgment pursuant to

settlement. In their motion, the parties state, “all matters in controversy in this appeal have been

amicably compromised and settled.” The parties request that the Court “[(1)] vacate the [trial

court’s] judgment from which this appeal is taken, without regard to [the] merits, and [(2)] []

render judgment dismissing the cause with prejudice, with each party to bear its own costs, on

the ground that all matters in controversy in this appeal have been amicably compromised and settled.” Further, the parties advise, “[they] do not seek dismissal of this appeal, but instead seek

vacatur of the trial court’s judgment and rendition of judgment dismissing the cause.”

Texas Rule of Appellate Procedure 42.1(a)(2) addresses disposition of an appeal in

accordance with the parties’ agreement. As requested by the parties, the Court vacates the trial

court’s judgment without reference to the merits and, pursuant to the parties’ agreement, renders

judgment dismissing the cause with prejudice. Also, as requested by the parties, we order that

each party bear its own costs of the appeal. TEX. R. APP. P. 42.1(a)(2)(A), 43.2(e).

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

121333F.P05

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

ROUGH CREEK MANAGEMENT, L.L.C., On Appeal from the 191st Judicial District CARY PLATT, AND PAUL Court, Dallas County, Texas BOCCAFOGLI, Appellants Trial Court Cause No. DC-09-05554. Opinion delivered by Justice Lang. Justices No. 05-12-01333-CV V. Bridges and Evans participating.

DONNA WEISS, INDIVIDUALLY, AND AS NEXT FRIEND OF JORDAN WEISS, A MINOR CHILD, Appellee

The Court WITHDRAWS its opinion and VACATES its judgment of July 8, 2014. This is now the judgment of the Court.

In accordance with this Court’s opinion of this date, the judgment of the trial court is VACATED without reference to the merits and, pursuant to the parties’ agreement, judgment is RENDERED dismissing the cause with prejudice.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 24th day of July, 2014.

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