Thomas Allen Powell D/B/A Architecture Unlimited and J. Keith Webb v. Penhollow, Inc., John O. Penhollow, and Yvonne L. Penhollow

Opinion

Dismissed; Opinion Filed October 21, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01653-CV

THOMAS ALLEN POWELL D/B/A ARCHITECTURE UNLIMITED AND J. KEITH WEBB, Appellants V. PENHOLLOW, INC., JOHN O. PENHOLLOW, AND YVONNE L. PENHOLLOW, Appellees

On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-03464-2011

MEMORANDUM OPINION ON JOINT MOTION TO DISMISS Before Justices Bridges, Lang, and Schenck Opinion by Justice Lang

On June 1, 2015, this Court issued an opinion in this case modifying the trial court’s

judgment and affirming the judgment as modified. Appellants Thomas Allen Powell d/b/a

Architecture Unlimited and J. Keith Webb filed timely first and second motions for rehearing on

June 29, 2015, and August 12, 2015, respectively. On July 28, 2015, we denied appellants’ first

motion for rehearing, withdrew our opinion of June 1, 2015, vacated the corresponding judgment

of that date, and issued an opinion on motion for rehearing. Additionally, on September 21,

2015, we denied appellants’ second motion for rehearing, withdrew our July 28, 2015 opinion,

vacated the corresponding judgment of that date, and issued an opinion on second motion for

rehearing. On October 15, 2015, the parties filed a “Joint Motion to Dismiss Appeal” in this Court

in which they (1) state they have “reached an agreement to compromise and settle their

differences” in this lawsuit; (2) ask this Court to dismiss this appeal, withdraw the opinion

issued, and tax costs on appeal against appellants; and (3) stipulate that their agreement is not

conditioned on withdrawal of the Court’s opinion.

We grant the parties’ October 15, 2015 joint motion and dismiss this appeal. See TEX. R.

APP. P. 42.1(a)(2). Further, we withdraw our September 21, 2015 opinion on second motion for

rehearing and vacate the judgment of that date. See id. 42.1(c). This is now the opinion of the

Court. Pursuant to the parties’ agreement, the costs of this appeal are taxed against appellants.

See id. 42.1(d).

131653F.P05

/ Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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

THOMAS ALLEN POWELL D/B/A On Appeal from the 429th Judicial District ARCHITECTURE UNLIMITED AND J. Court, Collin County, Texas KEITH WEBB, Appellants Trial Court Cause No. 429-03464-2011. Opinion delivered by Justice Lang, Justices No. 05-13-01653-CV V. Bridges and Schenck participating.

PENHOLLOW, INC., JOHN O. PENHOLLOW, AND YVONNE L. PENHOLLOW, Appellees

We WITHDRAW our opinion and VACATE our judgment of September 21, 2015. This is now the judgment of the Court.

In accordance with this Court’s opinion of this date, we DISMISS this appeal.

It is ORDERED that appellees PENHOLLOW, INC., JOHN O. PENHOLLOW, AND YVONNE L. PENHOLLOW recover their costs of this appeal from appellants THOMAS ALLEN POWELL D/B/A ARCHITECTURE UNLIMITED AND J. KEITH WEBB.

Judgment entered this 21st day of October, 2015.

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