Patrick Gorman v. Xochitl Benvenuto ( 2018 )

VACATE and DISMISS; and Opinion Filed February 8, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01038-CV PATRICK GORMAN, Appellant V. XOCHITL BENVENUTO, Appellee On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-01262 MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Brown Before the Court is appellant’s agreed motion for rehearing on the appellate judgment. We deny the motion. On the Court’s own motion, we vacate the opinion and corresponding judgment dated January 22, 2018. This is now the opinion of the Court. Before the Court is appellant’s January 8, 2018 agreed motion to vacate the trial court’s judgment. Appellant filed this appeal seeking review of the trial court’s final judgment and attendant trial and pretrial rulings. Since filing, the parties agreed to mediation and were able to resolve all of their issues related to this appeal. Per their settlement agreement, the parties wish to set aside the trial court’s judgment and dismiss the litigation. Specifically, appellant “prays this Court: (1) vacate the trial court’s judgment from which this appeal is taken, without regard to the merits, and (2) render judgment dismissing [a]ppellee’s claims against [a]ppellant with prejudice, with each party bearing its own costs.” We grant the parties’ motion, vacate the trial court’s judgment without regard to the merits, and render judgment dismissing the case with prejudice. See TEX. R. APP. P. 42.1(a)(1)(A), 43.2(e). /Ada Brown/ ADA BROWN JUSTICE 171038F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT PATRICK GORMAN, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-17-01038-CV V. Trial Court Cause No. DC-16-01262. Opinion delivered by Justice Brown. XOCHITL BENVENUTO, Appellee Justices Lang and Whitehill participating. In accordance with this Court’s opinion of this date, we VACATE the trial court’s judgment without regard to the merits, and RENDER judgment dismissing the case with prejudice. It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 8th day of February, 2018. –3–