Robert Kubicek and 2205 Estates Parkway, Lucas, Texas, in Rem v. City of Lucas ( 2019 )

Dismissed; Opinion Filed October 15, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00937-CV ROBERT KUBICEK AND 2205 ESTATES PARKWAY, LUCAS, TEXAS, IN REM, Appellants V. CITY OF LUCAS, Appellee On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-00147-2018 MEMORANDUM OPINION Before Justices Pedersen, III, Reichek, and Carlyle Opinion by Justice Carlyle On appellants’ unopposed motion to modify judgment, which we construe as a motion for rehearing, we withdraw our October 2, 2019 opinion and vacate our judgment of that date. This is now the opinion of the Court. In response to request for briefing concerning our jurisdiction over this appeal, appellants have filed a letter informing the Court that “[t]he parties have reached and entered into a Rule 11 agreement” that includes dismissal of the appeal. We construe the letter as a motion, grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a). /Cory L. Carlyle/ CORY L. CARLYLE 190937F.P05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT KUBICEK AND 2205 On Appeal from the 380th Judicial District ESTATES PARKWAY, LUCAS, TEXAS, Court, Collin County, Texas IN REM, Appellants Trial Court Cause No. 380-00147-2018. Opinion delivered by Justice Carlyle, No. 05-19-00937-CV V. Justices Pedersen, III and Reichek participating. CITY OF LUCAS, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. As agreed by the parties, we ORDER that each party bear its own costs of this appeal. Judgment entered this 15th day of October, 2019.