JW GST Exempt Trust and James Y. Wynne v. Wreno S. Wynne and William B. Wynne ( 2016 )

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. –2–