Tom Benson D/B/A Act Now Bail Bonds v. Kelly Gordon Rogers, Carrie Rogers and Fred Sewell

SET ASIDE AND REMANDED and Opinion Filed January 29, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01624-CV TOM BENSON D/B/A ACT NOW BAIL BONDS, Appellant V. KELLY GORDON ROGERS, CARRIE ROGERS, AND FRED SEWELL, Appellees On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause Nos. 380-81600-09, 380-81033-2012, 380-81034-2012, 380-81035-2012, 380-81036-2012, 380-81037-2012, and 380-81504-2012 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice FitzGerald Before the Court is the parties’ joint motion to dismiss the appeal. The parties have informed the Court that they have settled their differences. In accordance with the parties’ agreement, we set aside the trial court’s judgment without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with their agreement. See TEX. R. APP. P. 42.1(a)(2)(B). /Kerry P. FitzGerald/ 131624F.P05 KERRY P. FITZGERALD JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TOM BENSON D/B/A ACT NOW BAIL On Appeal from the 401st Judicial District BONDS, Appellant Court, Collin County, Texas. Trial Court Cause Nos. 380-81600-09, 380- No. 05-13-01624-CV V. 81033-2012, 380-81034-2012, 380-81035- 2012, 380-81036-2012, 380-81037-2012, KELLY GORDON ROGERS, CARRIE and 380-81504-2012. ROGERS, AND FRED SEWELL, Appellees Opinion delivered by Justice FitzGerald. Justices Lang and Fillmore, participating. In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s judgment without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement. It is ORDERED that appellees Kelly Gordon Rogers, Carrie Rogers, and Fred Sewell recover their costs of this appeal from appellant Tom Benson d/b/a Act Now Bail Bonds. Judgment entered January 29, 2014 /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE –2–