Court of Civil Appeals of Texas, 2006

James B. Williams D/B/A Newton Log Homes v. Brian Moore, Terry Moore and Gregory D. Stewart D/B/A Greg Stewart Construction

James B. Williams D/B/A Newton Log Homes v. Brian Moore, Terry Moore and Gregory D. Stewart D/B/A Greg Stewart Construction
Court of Civil Appeals of Texas · Decided June 15, 2006

James B. Williams D/B/A Newton Log Homes v. Brian Moore, Terry Moore and Gregory D. Stewart D/B/A Greg Stewart Construction

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-05-234 CV

____________________



JAMES B. WILLIAMS d/b/a NEWTON LOG HOMES, Appellant



V.



BRIAN MOORE, TERRY MOORE AND GREGORY D. STEWART

d/b/a GREG STEWART CONSTRUCTION, Appellees




On Appeal from the 1A District Court

Tyler County, Texas

Trial Cause No. 17914




MEMORANDUM OPINION

Appellant James B. Williams d/b/a/ Newton Log Homes and appellees Brian Moore, Terry Moore, and Gregory D. Stewart d/b/a Greg Stewart Construction filed a joint motion and supplemental motion that ask this Court to reverse the trial court's judgment and render a take-nothing judgment and a dismissal pursuant to the settlement agreement of the parties. The motion, as supplemented, is granted. The appeal is disposed of pursuant to the agreement of the parties presented by joint motion to the Court and by motion of the appellant. See Tex. R. App. P. 42.1. Accordingly, we reverse the judgment of the trial court and render judgment that Brian Moore and Terry Moore take nothing in their suit against James B. Williams d/b/a Newton Log Homes. The appeal is dismissed as to Gregory D. Stewart d/b/a Greg Stewart Construction.

All costs are assessed against the incurring party.

REVERSED AND RENDERED IN PART; DISMISSED IN PART.

____________________________

DAVID GAULTNEY

Justice



Opinion Delivered June 15, 2006

Before Gaultney, Kreger, and Horton, JJ.

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