S.J. Louis Construction of Texas, Ltd. v. Principle Environmental, LLC D/B/A Principle Energy Services

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00266-CV

S.J. LOUIS CONSTRUCTION OF APPELLANT TEXAS, LTD.

V.

PRINCIPLE ENVIRONMENTAL, APPELLEE LLC D/B/A PRINCIPLE ENERGY

SERVICES ------------

FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 067-278325-15 ------------

MEMORANDUM OPINION1 AND JUDGMENT ------------

We have considered the parties’ “Joint Motion for Dismissal upon Agreement, Vacate Trial Court's Judgment, Discharge the Surety on the Supersedeas Bond, and Release the Supersedeas Bond.” We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2)(A), 43.2(f). Further, the surety for appellant S.J. Louis Construction of Texas, Ltd., Liberty Mutual Insurance Company, is discharged from its liability on the supersedeas bond filed in the trial court on August 4, 2016. See Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat’l Dev. & Research Corp., 313 S.W.3d 467, 468 (Tex. App.—Dallas 2010, no pet.) (op. on remand). The discharge of the surety shall also be reflected in the mandate, which shall be issued this same day under the parties’ agreement. See Tex. R. App. P. 18.1(c). Each party shall bear its own costs of court, for which let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J

DELIVERED: October 13, 2016