VIEWPOINT INC VIEWPOINT CONSTRUCTION SOFTWARE v. ROOFING

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Court of Appeals of Texas, Dallas.

VIEWPOINT, INC. D/B/A VIEWPOINT CONSTRUCTION SOFTWARE, Appellant v. R&B ROOFING, L.L.C., Appellee

No. 05-16-00280-CV

Decided: October 20, 2016

Before Chief Justice Wright, Justice Lang-Miers, and Justice Myers

MEMORANDUM OPINION

In appellant's Unopposed Motion to Dismiss the Restrict Appeal, appellant informs the Court that the parties have “agreed to compromise and settle all outstanding matters” and have “executed a Confidential Compromise, Settlement, and Release Agreement.” Appellant “respectfully requests that the Court dismiss the restricted appeal without regard to the merits and allow the trial court to release the Default Judgment.” Appellant also “asks that the Court enter an Order dismissing the restricted appeal without regard to the merits and instruct the Trial Court to release the Default Judgment.” Accordingly, we grant appellant's motion to the extent that we vacate the trial court's judgment without regard to the merits and we remand the cause to the trial court for further proceedings consistent with the parties' settlement agreement.

LANA MYERS JUSTICE