SET ASIDE and REMAND; and Opinion Filed July 31, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00650-CV
DAPHNE J. BRIZENDINE, Appellant
V.
JERRY L. SWAIN, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-12458
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Lang-Miers
Before the Court is the parties’ joint motion to dismiss the appeal. The parties have
informed the Court that they have settled their differences. They ask that we set aside the trial
court’s judgment and remand the case to the trial court for rendition of judgment in accordance
with their agreement.
We grant the parties’ motion. We set aside the trial court’s judgment without regard to
the merits and remand the case to the trial court for rendition of judgment in accordance with the
parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
140650F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAPHNE J. BRIZENDINE, Appellant On Appeal from the 193rd Judicial District
Court, Dallas County, Texas.
No. 05-14-00650-CV V. Trial Court Cause No. DC-12-12458.
Opinion delivered by Justice Lang-Miers.
JERRY L. SWAIN, Appellee Justices Bridges and Francis, participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
SET ASIDE without regard to the merits and the case is REMANDED to the trial court for
rendition of judgment in accordance with the parties’ agreement.
It is ORDERED that the parties bear their own costs of this appeal.
After all of appellant’s costs have been paid, it is ORDERED that the supersedeas bond
be released and the obligations of State Farm and Casualty Company as surety be discharged.
Judgment entered this 31st day of July, 2014.
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