Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00837-CV
DRURY SOUTHWEST, INC.,
Appellant
v.
LOUIE LEDEAUX #1, iNC.Appellee
LOUIE LEDEAUX #1, INC.,
Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CI-03926
Honorable Janet P. Littlejohn, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: July 2, 2014
VACATED AND REMANDED
This court’s opinion issued in this appeal on October 30, 2013. On May 7, 2014, this court
denied the timely filed motion for rehearing and motion for reconsideration en banc; however, this
court also granted an unopposed motion to modify our judgment, and an amended judgment was
issued on May 7, 2014. The parties have now filed an agreed motion to dismiss this appeal, stating
the parties have settled their dispute. The motion requests that this court set aside the trial court’s
judgment and remand the cause to the trial court for the entry of a judgment in accordance with
the parties’ settlement agreement. The motion also requests that this court withdraw our opinion.
04-12-00837-CV
The motion is granted. This court’s opinion of October 30, 2013, and amended judgment
of May 7, 2014 are withdrawn. See TEX. R. APP. P. 42.1(c). The judgment of the trial court is
vacated, and the cause is remanded for the entry of a judgment in conformity with the parties’
settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2; Caballero v. Heart of Tex. Pizza,
L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.). Costs of the appeal are taxed
against the parties who incurred them.
PER CURIAM
-2-
Drury Southwest, Inc. v. Louie Ledeaux 1, Inc.
Combined Opinion