Brass Centerview Holdings, L.L.C. and Brass Centerview Management, L.L.C. v. Capmark Finance, INC. and Capmark II-CRE, LTD.

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-12-00377-CV

BRASS CENTERVIEW HOLDINGS, L.L.C. and Brass Centerview Management, L.L.C., Appellants v.

CAPMARK FINANACE, INC. and Capmark II-CRE, Ltd., Appellees

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-16071

Honorable Karen H. Pozza, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: December 28, 2012

APPEAL DISMISSED; REMANDED

This is an interlocutory, accelerated appeal from a trial court’s order dissolving a temporary injunction. On December 17, 2012, the parties filed a joint motion to dismiss the appeal, asking this court to dismiss the appeal and remand the matter to the trial court to allow the trial court to effectuate the parties’ settlement agreement. We grant the motion. See TEX. R. APP. P. 42.1(a). Accordingly, we grant the joint motion to dismiss, dismiss the appeal, and remand the matter to the trial court for further proceedings to effectuate the parties’ settlement agreement. See id. We order all costs assessed against appellants. See TEX. R. APP. P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM