TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00401-CV

Appellants, Rene Ffrench, John Richard Dial, and Stuart Bruce Sorgen// Cross-Appellants, Dana Martin and Friendship Homes & Hangars, LLC v. Appellees, Friendship Homes & Hangars, LLC; Windermere Oaks Water Supply Corporation; Dana Martin, William Earnest, Thomas Michael Madden, Robert Mebane, Joe Gimenez, Mike Nelson, David Bertino, and Norman Morse, in their Official Capacities as Directors; Johann Mair; and Michael Mair// Cross-Appellees, Rene Ffrench, John Richard Dial, and Stuart Bruce Sorgen

FROM THE 33RD DISTRICT COURT OF BURNET COUNTY NO. 48292, THE HONORABLE MARGARET MIRABEL, JUDGE PRESIDING

MEMORANDUM OPINION

On October 17, 2023, we abated this appeal. The parties have now filed a joint motion to dismiss this appeal and release funds in the registry of the trial court. The parties have moved us to (1) dismiss this appeal and cross-appeal with prejudice; (2) order the Burnet County District Clerk to release all supersedeas funds in accordance with the terms of the parties’ settlement agreement; and (3) tax appellate costs against the party incurring them. No opinion has issued.

We reinstate the appeal, grant the motion, and dismiss the appeal and cross-appeal with prejudice. See Tex. R. App. P. 42.1(a)(2). Further, we order the Burnet County District Clerk to release all supersedeas funds deposited in the court’s registry in accordance with the terms of the parties’ settlement agreement. See id. 24.1(c)(3). Appellate costs are to be taxed against the party incurring them. See id. 42.1(d). We order the Clerk of this Court to issue the mandate within ten days of the date of this opinion. See id. 18.1.

__________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Smith and Theofanis Dismissed on Agreed Motion Filed: January 10, 2024