Richard F. Bunch III and Michelle Bunch v. the Woodlands Land Development Company, LP

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00136-CV ____________________

RICHARD F. BUNCH III AND MICHELLE BUNCH, ET AL, Appellants

V.

THE WOODLANDS LAND DEVELOPMENT COMPANY, LP, ET AL,

Appellees _______________________________________________________ ______________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 12-02-01950-CV

________________________________________________________ _____________

MEMORANDUM OPINION The appellants, Richard F. Bunch III and Michelle Bunch, filed a motion to sever that portion of the trial court’s judgment in favor of HVJ Associates, Inc., set aside the severed portion, and remand the severed portion of the case to the trial court for rendition of judgment in accordance with the parties’ agreement. None of the parties filed an objection to the appellants’ motion to sever, set aside, and remand. A severable portion of the appeal may be disposed of by agreement of the parties if it will not prejudice the remaining parties. See Tex. R. App. P. 42.1(b).

We grant the motion, sever the Bunches’ appeal of the trial court’s summary judgment dismissing with prejudice the Bunches’ claims against HVJ Associates, Inc., vacate without regard to the merits the trial court’s judgment dismissing the Bunches’ claims against HVJ Associates, Inc., and remand that part of the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See Tex. R. App. P. 43.2(d).

We direct the Clerk of the Court to change the style of the appeal to Richard F. Bunch III and Michelle Bunch, et al. v. The Woodlands Land Development Company, LP.

APPEAL SEVERED; VACATED AND REMANDED.

PER CURIAM Submitted on September 28, 2016 Opinion Delivered September 29, 2016 Before McKeithen, C.J., Horton and Johnson, JJ.