Mark Wynne and Premier General Holdings, Ltd. v. Dean Davenport and Dillon Water Resources, L.P. ( 2010 )

MEMORANDUM OPINION No. 04-09-00348-CV Mark WYNNE and Premier General Holdings, Ltd., Appellants v. Dean DAVENPORT and Dillon Water Resources, L.P., Appellees From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-11585 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: September 22, 2010 VACATED AND REMANDED After receiving notice that one of the appellants was in bankruptcy, this appeal was abated. The parties have filed a joint motion, stating that the bankruptcy court approved a settlement reached by the parties and issued an order “declaring that the automatic bankruptcy stay is not in effect.” The motion requests that this court set aside the trial court’s judgment without regard to its merits and remand the cause for the entry of a judgment in accordance with the parties’ settlement agreement. 04-09-00348-CV The appeal is reinstated on the docket of this court. The parties’ motion is granted. The judgment of the trial court is set aside without regard to its merits, and the cause is remanded to the trial court for the entry of a judgment in conformity with the parties’ settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d), 43.2(e). Costs of the appeal are taxed against the parties who incurred them. PER CURIAM -2-