Vacated and Remanded; Opinion Filed October 20, 2016.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00280-CV
VIEWPOINT, INC. D/B/A VIEWPOINT CONSTRUCTION SOFTWARE, Appellant
V.
R&B ROOFING, L.L.C., Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-15-03209-E
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Myers
Opinion by Justice Myers
In appellant’s Unopposed Motion to Dismiss the Restrict Appeal, appellant informs the
Court that the parties have “agreed to compromise and settle all outstanding matters” and have
“executed a Confidential Compromise, Settlement, and Release Agreement.” Appellant
“respectfully requests that the Court dismiss the restricted appeal without regard to the merits
and allow the trial court to release the Default Judgment.” Appellant also “asks that the Court
enter an Order dismissing the restricted appeal without regard to the merits and instruct the Trial
Court to release the Default Judgment.” Accordingly, we grant appellant’s motion to the extent
that we vacate the trial court’s judgment without regard to the merits and we remand the cause to
the trial court for further proceedings consistent with the parties’ settlement agreement.
/Lana Myers/
LANA MYERS
JUSTICE
160280F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
VIEWPOINT, INC. D/B/A VIEWPOINT On Appeal from the County Court at Law
CONSTRUCTION SOFTWARE, Appellant No. 5, Dallas County, Texas
Trial Court Cause No. CC-15-03209-E.
No. 05-16-00280-CV V. Opinion delivered by Justice Myers. Chief
Justice Wright and Justice Lang-Miers
R&B ROOFING, L.L.C., Appellee participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
VACATED and the case is REMANDED to the trial court for further proceedings consistent
with the parties’ settlement agreement.
Judgment entered this 20th day of October, 2016.
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