FRISCO SQUARE DEVELOPERS LLC v. KPITCH ENTERPRISES LLC (2018)

MEMORANDUM OPINION

Before the Court is the parties' agreed motion to vacate the trial court's judgment, dismiss the case and release bonds. The parties have informed the Court that they have settled all matters in controversy between them. In accordance with their settlement agreement, they request that we vacate the trial court's judgment, dismiss the case including all claims and counterclaims in the trial court and this appeal, order each party to bear its own costs and fees in the trial court and in this Court, order the Justice Court to release to Frisco Square Developers, LLC the cash bond filed by Frisco Square Developers, LLC, and order the clerk of the trial court ¹ to release to Frisco Square Developers, LLC the supersedeas bond filed by Frisco Square Developers, LLC. Accordingly, we grant the parties' motion and all requested relief. The trial court's judgment of February 17, 2017 is vacated and this case is dismissed. See TEX. RS. APP. P. 42.1(a)(2); 43.2(e).

FOOTNOTES

1.   The parties refer to the “District Clerk” in their prayer but we understand them to agree that we order the release of the supersedeas bond in our record which was filed with the County Clerk.

DAVID EVANS JUSTICE