Vacate and Render, and Opinion Filed July 24, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01333-CV
ROUGH CREEK MANAGEMENT, L.L.C.,
CARY PLATT, AND PAUL BOCCAFOGLI, Appellants
V.
DONNA WEISS, INDIVIDUALLY, AND
AS NEXT FRIEND OF JORDAN WEISS, A MINOR CHILD, Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-09-05554
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Evans
Opinion by Justice Lang
On the Court’s own motion, we withdraw our opinion and vacate our judgment of July 8,
2014. This is now the opinion of the Court.
Before the Court is the parties’ joint motion to vacate and render judgment pursuant to
settlement. In their motion, the parties state, “all matters in controversy in this appeal have been
amicably compromised and settled.” The parties request that the Court “[(1)] vacate the [trial
court’s] judgment from which this appeal is taken, without regard to [the] merits, and [(2)] []
render judgment dismissing the cause with prejudice, with each party to bear its own costs, on
the ground that all matters in controversy in this appeal have been amicably compromised and
settled.” Further, the parties advise, “[they] do not seek dismissal of this appeal, but instead seek
vacatur of the trial court’s judgment and rendition of judgment dismissing the cause.”
Texas Rule of Appellate Procedure 42.1(a)(2) addresses disposition of an appeal in
accordance with the parties’ agreement. As requested by the parties, the Court vacates the trial
court’s judgment without reference to the merits and, pursuant to the parties’ agreement, renders
judgment dismissing the cause with prejudice. Also, as requested by the parties, we order that
each party bear its own costs of the appeal. TEX. R. APP. P. 42.1(a)(2)(A), 43.2(e).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
121333F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROUGH CREEK MANAGEMENT, L.L.C., On Appeal from the 191st Judicial District
CARY PLATT, AND PAUL Court, Dallas County, Texas
BOCCAFOGLI, Appellants Trial Court Cause No. DC-09-05554.
Opinion delivered by Justice Lang. Justices
No. 05-12-01333-CV V. Bridges and Evans participating.
DONNA WEISS, INDIVIDUALLY, AND
AS NEXT FRIEND OF JORDAN WEISS,
A MINOR CHILD, Appellee
The Court WITHDRAWS its opinion and VACATES its judgment of July 8, 2014.
This is now the judgment of the Court.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
VACATED without reference to the merits and, pursuant to the parties’ agreement, judgment is
RENDERED dismissing the cause with prejudice.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered this 24th day of July, 2014.
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