Court of Civil Appeals of Texas, 2005

Smith and Marrs, Inc. v. Dk Boyd Land and Cattle, Co.

Smith and Marrs, Inc. v. Dk Boyd Land and Cattle, Co.
Court of Civil Appeals of Texas · Decided June 30, 2005 · Barajas, McClure, Chew
224 S.W.3d 270; 2005 Tex. App. LEXIS 5069; 2005 WL 1536360 (South Western Reporter, Third Series)

Smith and Marrs, Inc. v. Dk Boyd Land and Cattle, Co.

Opinion

OPINION

DAVID WELLINGTON CHEW, Justice.

Pending before the Court is a joint motion to vacate the trial courts judgment and dismiss the suit pursuant to Tex. R.App.P. 42.1(a)(2). The parties have settled all matters in controversy. By their motion, the parties have agreed that the underlying judgment should be vacated and a judgment dismissing the underlying suit should be rendered. Pursuant to Rule 42.1(a)(2)(A), we grant the joint motion, vacate the trial courts judgment dated January 24, 2005, and render a judgment of dismissal with prejudice. The parties motion does not specify that the parties have reached an agreement regarding costs. Accordingly, costs are taxed against Appellant. See Tex.R.App.P. 42.1(d).

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