COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00189-CV
CARTER & BURGESS, INC. AND APPELLANTS
CARTER & BURGESS, INC. D/B/A
JACOBS CARTER BURGESS
V.
CROSSTEX NORTH TEXAS APPELLEE
GATHERING, L.P.
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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY
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OPINION ON REHEARING
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Appellants Carter & Burgess, Inc., and Carter & Burgess, Inc. d/b/a Jacobs
Carter Burgess (collectively, Carter Burgess) filed an unopposed motion for
rehearing and an agreed motion to withdraw our previous opinion and remand
the case to the trial court. The motion for rehearing is denied. The motion to
withdraw our opinion is granted. We withdraw our opinion and judgment of
March 24, 2011, and we substitute the following.
The parties in this case have reached a settlement. In an effort to facilitate
the parties’ settlement, 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 agreement. See Tex. R. App. P. 42.1(a)(2)(B); Innovative
Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995); Bonney v. Scott,
No. 2-08-00124-CV, 2009 WL 1905137 (Tex. App.—Fort Worth, Jul. 2, 2009, no
pet.) (mem. op.). Costs of this appeal shall be paid by the party incurring same,
for which let execution issue. See Tex. R. App. P. 43.4.
LEE GABRIEL
JUSTICE
PANEL: GARDNER, MEIER, and GABRIEL, JJ.
DELIVERED: June 9, 2011
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