JW GST Exempt Trust and James Y. Wynne v. Wreno S. Wynne and William B. Wynne

Set Aside Judgment and Remand; Opinion Filed November 8, 2016.

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00565-CV

THE JW GST EXEMPT TRUST, BY AND THROUGH ITS TRUSTEE, JAMES Y.
WYNNE, AND JAMES Y. WYNNE, INDIVIDUALLY, Appellants/Cross-Appellees

V.

ERIN ANNE WYNE, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF WRENO
S. WYNNE (DECEASED), WILLIAM BYWATERS, AS INDEPENDENT EXECUTOR
OF THE ESTATE OF WILLIAM B. WYNNE (DECEASED), AMERICAN LIBERTY
OIL COMPANY, LP AND AMERICAN LIBERTY OIL COMPANY, LLC,
Appellees/Cross-Appellants

On Appeal from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 84117-86

MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Lang

On the parties’ joint motion and in accordance with their agreement, we set aside the trial

court’s judgment without regard to the merits and remand the case to the trial court for rendition

of judgment in accordance with the agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

140565F.P05
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
 Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

THE JW GST EXEMPT TRUST, BY AND On Appeal from the 86th Judicial District
THROUGH ITS TRUSTEE, JAMES Y. Court, Kaufman County, Texas
WYNNE, AND JAMES Y. WYNNE, Trial Court Cause No. 84117-86.
INDIVIDUALLY, Appellants/Cross- Opinion delivered by Justice Lang. Justices
Appellees Myers and Evans participating.

No. 05-14-00565-CV V.

ERIN ANNE WYNE, AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF
WRENO S. WYNNE (DECEASED),
WILLIAM BYWATERS, AS
INDEPENDENT EXECUTOR OF THE
ESTATE OF WILLIAM B. WYNNE
(DECEASED), AMERICAN LIBERTY OIL
COMPANY, LP AND AMERICAN
LIBERTY OIL COMPANY, LLC,
Appellees/Cross-Appellants

In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s
judgment without regard to the merits and REMAND the case to the trial court for rendition of
judgment in accordance with the parties’ agreement.

On the parties’ agreement, we ORDER each party bear its own costs of appeal.

Judgment entered this 8th day of November, 2016.

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