eBay Inc. v. Beachbody, LLC.

VACATE AND REMAND and Opinion Filed November 19, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01128-CV EBAY, INC., Appellant V. BEACHBODY, LLC., Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01810-2014 MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Francis Before the Court is the parties’ joint motion to dismiss the appeal. We grant the motion to the extent that we vacate the trial court’s order without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2). 141128F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EBAY, INC., Appellant On Appeal from the 429th Judicial District Court, Collin County, Texas. No. 05-14-01128-CV V. Trial Court Cause No. 429-01810-2014. Opinion delivered by Justice Francis. BEACHBODY, LLC., Appellee Justices Evans and Stoddart, participating. In accordance with this Court’s opinion of this date, order of the trial court is VACATED without regard to the merits and this case is REMANDED to the trial court for rendition of judgment in accordance with the parties’ agreement. It is ORDERED that each party bear its own costs of this appeal. Judgment entered November 19, 2014. –2–