HAROLD SIMMONS WILLIAM LINDQUIST STEVEN WATSON ROBERT HARDY ROBERT GRAHAM GREGORY SWALWELL NL INDUSTRIES INC AND NL ENVIRONMENTAL MANAGEMENT SERVICES INC v. INDUSTRIAL RECOVERY CAPITAL HOLDINGS CO HIGHLAND ENVIRONMENTAL MANAGEMENT LLC EFFICASEY ENVIRONMENTAL LLC MICHAEL MURPHY MARCUS MARTIN AND TERRY CASEY (2010)

MEMORANDUM OPINION

On April 1, 2010, this Court received appellants' “Notice of Appeal Following the Amended Final Judgment.”   The notice of appeal states a desire to appeal the October 16, 2009 judgment, as modified by the December 29, 2009 order on motion for new trial and the March 12, 2010 amended final judgment.   The trial court number and parties are the same as that involved in cause no.   05-09-01547-CV, styled Harold C. Simmons, et al. v. Industrial Recovery Capital Holdings, Co., et al.   The first appeal was taken from the trial court's October 16, 2009 judgment, as modified by the December 29, 2009 order.

Pursuant to the parties' settlement agreement, the trial court's judgment was vacated without reference to the merits and the case was remanded to the trial court for rendition of judgment in accordance with the settlement agreement.   See Simmons v. Industrial Recovery Capital Holdings, Co., No. 05-09-01547-CV (Tex.App.-Dallas May 26, 2010, no pet.).   The parties' May 14, 2010 motion seeking the remand references both the October 16, 2009 judgment and the March 12, 2010 amended final judgment.   Therefore, pursuant to the settlement agreement and the Court's opinion and judgment of May 26, 2010, we conclude this appeal is moot.

We dismiss the appeal.

100392F.P05

PER CURIAM