BENITO CANTU AND UNIMEX LOGISTICS LLC v. SHANIQUE MOYE AND EDWARD BARLOW INDIVIDUALLY AND SHANIQUE MOYE OF MALIK BARLOW AND JA NIYAH BARLOW

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Court of Appeals of Texas, Beaumont.

BENITO CANTU AND UNIMEX LOGISTICS, LLC, Appellants v. SHANIQUE MOYE AND EDWARD BARLOW, INDIVIDUALLY AND SHANIQUE MOYE A/N/F OF MALIK BARLOW AND JA'NIYAH BARLOW, Appellees

NO. 09-17-00013-CV

Decided: May 25, 2017

Before McKeithen, C.J., Kreger and Johnson, JJ.

MEMORANDUM OPINION

The appellants, Benito Cantu and Unimex Logistics, LLC, and the appellees, Shanique Moye and Edward Barlow, Individually and Shanique Moye a/n/f of Malik Barlow and Ja'niyah Barlow, jointly filed an agreed motion to dismiss the cause with prejudice pursuant to their settlement agreement. See Tex. R. App. P. 42.1(a)(2). The parties ask this Court to vacate the trial court's judgment, order all costs of court and attorneys' fees be assessed against the incurring party, and dismiss the case with prejudice. See Tex. R. App. P. 43.2(e), 43.4. No party objected to this Court's notice that the case would be remanded to the trial court for approval of the minors' settlement agreement.

As requested by the parties and in accordance with the parties' agreement, we vacate the trial court's final judgment of September 22, 2016. See Tex. R. App. P. 43.2(d). The parties shall, by agreement, bear their own attorneys' fees and costs related to the appeal, and no party shall be responsible for any attorney's fees and costs of court incurred by any other party. See Tex. R. App. P. 43.4. The case is remanded to the trial court for further proceedings consistent with the parties' settlement agreement.

JUDGMENT VACATED; CASE REMANDED.

CHARLES KREGER Justice