Metropolitan Park Management, LLC and Sue Ann Ma v. Susan Hyman

                                     In The

                              Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-15-00033-CV
                          ____________________

  METROPOLITAN PARK MANAGEMENT, LLC AND SUE ANN MA,
                      Appellants

                                       V.

                          SUSAN HYMAN, Appellee
_______________________________________________________         ______________

                   On Appeal from the 60th District Court
                         Jefferson County, Texas
                        Trial Cause No. B-184,614
________________________________________________________         _____________

                         MEMORANDUM OPINION

      The appellants, Metropolitan Park Management, LLC and Sue Ann Ma, and

the appellee, Susan Hyman, have filed a joint motion to vacate the trial court’s

judgment and jury verdict and dismiss the case by rendering judgment effectuating

the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A). The parties

have informed the Court that they have compromised and settled the entire

controversy without any admission of wrongdoing of any kind. As part of the


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compromise and settlement and by agreement of the parties, appellants and the

appellee jointly request this Court to: (1) vacate and set aside the judgment of the

trial court; (2) set aside and nullify in its entirety the jury verdict from the trial

court; (3) dismiss appellee Susan Hyman’s claims with prejudice; (4) dismiss the

claims against Metropolitan Park Management, LLC and Sue Ann Ma with

prejudice; and (5) find the parties shall bear their own costs. Id.

      The joint motion to vacate the trial court’s judgment and jury verdict and

dismiss the case is granted. We vacate the trial court’s judgment, thereby setting

aside the jury verdict in its entirety. See Tex. R. App. P. 43.2(e). The entire case,

including Susan Hyman’s claims, the claims against Metropolitan Park

Management, LLC, and the claims against Sue Ann Ma, are dismissed with

prejudice. See id. The parties shall, by agreement, bear their own costs. See Tex. R.

App. P. 43.4.

      JUDGMENT VACATED; CASE DISMISSED.



                                               ________________________________
                                                       HOLLIS HORTON
                                                            Justice

Submitted on September 23, 2015
Opinion Delivered September 24, 2015

Before McKeithen, C.J., Kreger and Horton, JJ.
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Metropolitan Park Management, LLC and Sue Ann Ma v. Susan Hyman

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