David C. Ruch, Galvestonviews LLC, Entrust of Colorado, Inc. D/B/A Entrust New Direction Ira, Inc. D/B/A End-Ira, Inc. F/B/O David C. Ruch, IRA, Idle Time Investments, LLC, Robert F. Zant, Sue F. Zant, Ruthann Cassidy, Mari Van De Ven, Hadfield Communicat v. Maravilla Owners' Association, Inc., Jacque Passino, Lyssa M. Graham Reynolds, Cathleen Comeaux Bach, John Kubis, Lloyd Rinderer, Lone Pine Properties, Ltd., and Green Light Investments, LLC

Opinion issued September 15, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-16-00623-CV ————————————

DAVID C. RUCH, GALVESTONVIEWS LLC, ENTRUST OF COLORADO,

INC. D/B/A ENTRUST NEW DIRECTION IRA, INC. D/B/A END-IRA, INC. F/B/O DAVID C. RUCH, IRA, IDLE TIME INVESTMENTS, LLC, ROBERT F. ZANT, SUE F. ZANT, RUTHANN CASSIDY, MARI VAN DE VEN,

HADFIELD COMMUNICATIONS, INC., MAUREEN ZAMBO, REED A.

SKIRPAN, ROBERT C. CARLSON, LYNDA M. CARLSON, BARBARA

SHERMAN, AND RICHARD SHERMAN, Appellants

V.

MARAVILLA OWNERS’ ASSOCIATION, INC., JACQUE PASSINO,

LYSSA M. GRAHAM REYNOLDS, CATHLEEN COMEAUX BACH, JOHN

KUBIS, LLOYD RINDERER, LONE PINE PROPERTIES, LTD., AND

GREEN LIGHT INVESTMENTS, LLC, Appellees

On Appeal from the 10th District Court Galveston County, Texas

Trial Court Cause No. 11-CV-0697 MEMORANDUM OPINION

The parties have filed a “Joint Motion of Plaintiffs1 and Settling Defendants2 to Vacate and Remand Because of Settlement,” in compliance with this Court’s August 9, 2016 Order.3 The Plaintiffs and Settling Defendants seek to set aside the parts of the trial court’s judgment that pertain to them, without regard to the merits, and to remand the case to the trial court for rendition of judgment in accordance with their settlement agreement. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2), 42.1(a)(2)(B). The parties further request that we issue the mandate simultaneously with the judgment, and that we order that all costs be assessed against the party incurring the same. See id. 18.1(c), 42.1(a)(1), (d). No opinion has issued in this case. See id. 42.1(c).

Accordingly, we grant the joint motion and set aside the parts of the trial court’s judgment that pertain to the Plaintiffs and Settling Defendants, without regard to the merits, and remand the case to the trial court for rendition of judgment in accordance with the agreement of the Plaintiffs and Settling Defendants. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). We also grant the motion to expedite the mandate and direct the Clerk of this Court to issue the mandate simultaneously with the judgment, and order that all costs are to be taxed against the party who incurred the same. See id. 18.1(c), 42.1(d). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Huddle.