FSC Enterprises, LLC v. Dallas County

Reverse and Remand; Opinion Filed August 22, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00338-CV FSC ENTERPRISES, LLC, Appellant V. DALLAS COUNTY, CITY OF DALLAS, CITY OF DUNCANVILLE, DUNCANVILLE INDEPENDENT SCHOOL DISTRICT, DALLAS INDEPENDENT SCHOOL DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, PARKLAND HOSPITAL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, AND WILMER- HUTCHINS INDEPENDENT SCHOOL DISTRICT, Appellees On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. TX-11-40912 MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Moseley Before the Court is the parties’ July 30, 2013 joint motion to reverse and remand. We grant the parties motion, reverse the trial court’s October 1, 2012 judgment, and remand to the trial court for further disposition based upon the agreement of the parties. See TEX. R. APP. P. 42.1(a)(2). /Jim Moseley/ JIM MOSELEY 130338F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT FSC ENTERPRISES, LLC, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-13-00338-CV V. Trial Court Cause No. TX-11-40912. Opinion delivered by Justice Moseley. DALLAS COUNTY, CITY OF DALLAS, Justices Bridges and Lang-Miers CITY OF DUNCANVILLE, participating. DUNCANVILLE INDEPENDENT SCHOOL DISTRICT, DALLAS INDEPENDENT SCHOOL DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, PARKLAND HOSPITAL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, AND WILMER-HUTCHINS INDEPENDENT SCHOOL DISTRICT, Appellees In accordance with this Court’s opinion of this date, we REVERSE the trial court’s judgment and REMAND for further disposition based upon the agreement of the parties. It is ORDERED that each party bear its own cost of this appeal. Judgment entered this 22nd day of August, 2013. /Jim Moseley/ JIM MOSELEY JUSTICE –2–