In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00136-CV
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RICHARD F. BUNCH III AND MICHELLE BUNCH, ET AL, Appellants
V.
THE WOODLANDS LAND DEVELOPMENT COMPANY, LP, ET AL,
Appellees
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On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 12-02-01950-CV
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MEMORANDUM OPINION
The appellants, Richard F. Bunch III and Michelle Bunch, filed a motion to
sever that portion of the trial court’s judgment in favor of HVJ Associates, Inc., set
aside the severed portion, and remand the severed portion of the case to the trial
court for rendition of judgment in accordance with the parties’ agreement. None of
the parties filed an objection to the appellants’ motion to sever, set aside, and
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remand. A severable portion of the appeal may be disposed of by agreement of the
parties if it will not prejudice the remaining parties. See Tex. R. App. P. 42.1(b).
We grant the motion, sever the Bunches’ appeal of the trial court’s summary
judgment dismissing with prejudice the Bunches’ claims against HVJ Associates,
Inc., vacate without regard to the merits the trial court’s judgment dismissing the
Bunches’ claims against HVJ Associates, Inc., and remand that part of the case to
the trial court for rendition of judgment in accordance with the parties’ agreement.
See Tex. R. App. P. 43.2(d).
We direct the Clerk of the Court to change the style of the appeal to Richard
F. Bunch III and Michelle Bunch, et al. v. The Woodlands Land Development
Company, LP.
APPEAL SEVERED; VACATED AND REMANDED.
PER CURIAM
Submitted on September 28, 2016
Opinion Delivered September 29, 2016
Before McKeithen, C.J., Horton and Johnson, JJ.
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