Mark Joslin v. Elad Banai and Isaac Banai ( 2017 )

DISMISS; and Opinion Filed February 9, 2017. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00869-CV MARK JOSLIN, Appellant V. ELAD BANAI AND ISAAC BANAI, Appellees On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-02799-2015 MEMORANDUM OPINION Before Justices Bridges, Myers, and Brown Opinion by Justice Brown Before the Court is appellant’s February 3, 2017 motion to dismiss this appeal. In the motion, appellant states the parties have settled this matter and no longer wish to pursue the appeal. We grant appellant’s motion and dismiss this appeal, remand the matter back to the trial court for entry of the parties’ settlement agreement, and the execution of the agreed order vacating the judgment, as well as the filing of a motion to dismiss with prejudice. See TEX. R. APP. P. 42.1(a)(2)(A). /Ada Brown/ ADA BROWN JUSTICE 160869F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARK JOSLIN, Appellant On Appeal from the County Court at Law No. 6, Collin County, Texas No. 05-16-00869-CV V. Trial Court Cause No. 006-02799-2015. Opinion delivered by Justice Brown, Justices ELAD BANAI AND ISAAC BANAI, Bridges and Myers participating. Appellees In accordance with this Court’s opinion of this date, we DISMISS this appeal, remand the matter back to the trial court for entry of the parties’ settlement agreement, and the execution of the agreed order vacating the judgment, as well as the filing of a motion to dismiss with prejudice. See TEX. R. APP. P. 42.1(a)(2)(A).. Subject to any agreement of the parties, we ORDER appellees ELAD BANAI AND ISAAC BANAI recover their costs of this appeal from appellant MARK JOSLIN. Judgment entered this 9th day of February, 2017. –2–