Court of Civil Appeals of Texas, 2019

Kathryn E. Allen and Jeffrey Garrett v. the City of Lakeway, Texas City Officials Charlotte Hodges and Alex Damgaard And Lake Travis I.S.D.

Kathryn E. Allen and Jeffrey Garrett v. the City of Lakeway, Texas City Officials Charlotte Hodges and Alex Damgaard And Lake Travis I.S.D.
Court of Civil Appeals of Texas · Decided December 12, 2019

Kathryn E. Allen and Jeffrey Garrett v. the City of Lakeway, Texas City Officials Charlotte Hodges and Alex Damgaard And Lake Travis I.S.D.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00464-CV

Kathryn E. Allen and Jeffrey Garrett, Appellants v. The City of Lakeway, Texas; City Officials Charlotte Hodges and Alex Damgaard; and Lake Travis I.S.D., Appellees

FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-19-003275, THE HONORABLE DUSTIN M. HOWELL, JUDGE PRESIDING

MEMORANDUM OPINION

Counsel for appellants Kathryn E. Allen and Jeffrey Garrett and counsel for appellees The City of Lakeway, Texas; City Officials Charlotte Hodges and Alex Damgaard; and Lake Travis I.S.D. have filed a “Joint Motion Under Rule 42.1 for Disposition in Accordance with the Parties’ Agreement.” See Tex. R. App. P. 42.1(a)(2)(A). The parties request that we vacate, without regard to the merits, the district court’s July 2, 2019 orders dismissing Allen’s and Garrett’s lawsuit with prejudice and, in accordance with the parties’ settlement agreement, dismiss the underlying district-court cause without prejudice.

We grant the parties’ requested relief, vacate the district court’s July 2, 2019 orders without regard to the merits, and dismiss the underlying district-court cause without prejudice, and dismiss this appeal as moot. See id. __________________________________________ Gisela D. Triana, Justice Before Chief Justice Rose, Justices Triana and Smith Vacated and Dismissed on Joint Motion Filed: December 12, 2019

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