Champion Contractors & Services, LLC v. Samuel Suster, Daniel Suster, and Cima Contractors, LLC.

DISMISS; Opinion Filed March 12, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01211-CV CHAMPION CONTRACTORS & SERVICES, LLC AND RANDAL DEAN, Appellants V. SAMUEL SUSTER, DANIEL SUSTER, AND CIMA CONTRACTORS, LLC, Appellees On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-01576-2011 MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Moseley By motion filed February 28, 2014, the parties inform us that they have settled and as part of the settlement, they request we vacate the trial court’s judgment and dismiss the case. See TEX. R. APP. P. 42.1(a)(2). We grant the motion, vacate the trial court’s judgment without regard to the merits, and dismiss the case. See id. 43.2(e). 131211F.P05 /Jim Moseley/ JIM MOSELEY JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHAMPION CONTRACTORS & On Appeal from the County Court at Law SERVICES, LLC AND RANDAL DEAN, No. 6, Collin County, Texas Appellants Trial Court Cause No. 006-01576-2011. Opinion delivered by Justice Moseley. No. 05-13-01211-CV V. Justices Francis and Lang participating. SAMUEL SUSTER, DANIEL SUSTER, AND CIMA CONTRACTORS, LLC, Appellees In accordance with this Court’s opinion of this date, we VACATE the trial court’s judgment without regard to the merits and DISMISS the case. We ORDER that costs be taxed against the party that incurred them. After all costs of appellants Champion Contractors & Services, LLC and Randal Dean have been paid, the obligations of Kirby Vogler and Tim Wilson, as sureties on appellants’ supersedeas bond, are DISCHARGED. Judgment entered this 12th day of March, 2014. /Jim Moseley/ JIM MOSELEY JUSTICE –2–