Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC// East Ave Nue Property Owners' Association, Inc. and UP Austin Holdings, LP and UP Austin Land Holdings, LP v. UP Austin Holdings, LP UP Austin Land Holdings, LP And East Avenue Property Owners' Association, Inc.// Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00080-CV
Appellants, Central Austin Apartments, LLC; UP-32nd Street, LLC; and UP-32nd Street
Hospitality, LLC// Cross-Appellants, East Avenue Property Owners’ Association, Inc. and
UP Austin Holdings, LP and UP Austin Land Holdings, LP
v.
Appellees, UP Austin Holdings, LP; UP Austin Land Holdings, LP; and East Avenue
Property Owners’ Association, Inc.// Cross-Appellees, Central Austin Apartments, LLC;
UP-32nd Street, LLC; and UP-32nd Street Hospitality, LLC
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. D-1-GN-11-003367, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING
MEMORANDUM OPINION
Counsel for appellants/cross appellees Central Austin Apartments, LLC; UP-32nd
Street, LLC; and UP-32nd Street Hospitality, LLC and counsel for appellees/cross-appellants UP
Austin Holdings, LP; UP Austin Land Holdings, LP; and East Avenue Property Owners’
Association, Inc. have filed a “Joint Notice of Settlement and Agreed Motion to Issue the Mandate.”
The parties seek remand of this case to the district court for dismissal with prejudice in light of their
settlement agreement.
We withdraw our opinion and judgment dated December 8, 2014, and substitute
the following opinion and judgment in their place. We grant the parties’ motion in part, vacate
the district court’s judgment without reference to the merits, and remand this case to the
district court for rendition of judgment in accordance with the parties’ agreement. See Tex. R. App.
P. 42.1(a)(2)(B).
Jeff Rose, Chief Justice
Before Chief Justice Rose and Justice Pemberton;
Former Chief Justice Jones not participating
Vacated and Remanded on Joint Motion
Filed: February 6, 2015
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