Brooks Special Company and Jerry Barth, Appellants v. State of Texas, Appellee (2013)

Court of Appeals of Texas, Austin.

Brooks Special Company and Jerry Barth, Appellants v. State of Texas, Appellee

NO. 03–12–00504–CV

Decided: June 07, 2013

Before Chief Justice Jones, Justices Goodwin and Field

M E M O R A N D U M O P I N I O N

On December 18, 2012, we abated this appeal at the parties' request while they pursued settlement negotiations. The parties have filed a joint motion to set aside the district court's judgment and remand the cause for rendition of an agreed judgment. The parties represent that they have agreed to a settlement in the form of an agreed judgment and permanent injunction and ask that we set aside the district court's judgment without regard to the merits and remand the cause to the district court for rendition of judgment in accordance with their agreement. We reinstate the appeal, grant the motion, set aside the district court's judgment without regard to the merits, and remand the cause to the district court for rendition of judgment in accordance with the parties' agreement. See Tex.R.App. P. 42.1(a)(2)(B).

Vacated and Remanded on Joint Motion

J. Woodfin Jones, Chief Justice

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