City of Lone Oak, Texas v. Lone Oak Independent School District ( 2022 )

SET ASIDE and REMAND and Opinion Filed December 23, 2022 SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00945-CV CITY OF LONE OAK, TEXAS, Appellant V. LONE OAK INDEPENDENT SCHOOL DISTRICT, Appellee On Appeal from the 354th District Court Hunt County, Texas Trial Court Cause No. 91463 MEMORANDUM OPINION Before Justices Pedersen, III, Goldstein, and Smith Opinion by Justice Pedersen, III Stating they have resolved their dispute, the parties have filed a joint motion asking that we dismiss the appeal and return the matter “to the trial court so that a final dismissal of all claims may be effectuated.” We grant the motion, which we construe as a motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B), 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. See TEX. R. APP. P. 42.1(a)(2)(B). /Bill Pedersen, III/ BILL PEDERSEN, III 220945F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CITY OF LONE OAK, TEXAS, On Appeal from the 354th District Appellant Court, Hunt County, Texas Trial Court Cause No. 91463. No. 05-22-00945-CV V. Opinion delivered by Justice Pedersen, III, Justices Goldstein and LONE OAK INDEPENDENT Smith participating. SCHOOL DISTRICT, Appellee 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. Subject to any agreement between the parties, we ORDER appellee Lone Oak Independent School District recover its costs, if any, of this appeal from appellant City of Lone Oak, Texas. Judgment entered December 23, 2022. –2–