D & S Container, Inc. D/B/A Budget Box v. Priscilla Ruiz, Individually as Surviving Spouse, and as Parent and Next Friend of James Estrella, Jr. ( 2018 )

DISMISS and Opinion Filed December 17, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00837-CV D & S CONTAINER, INC. D/B/A BUDGET BOX, Appellant V. PRISCILLA RUIZ, INDIVIDUALLY AS SURVIVING SPOUSE, AND AS PARENT AND NEXT FRIEND OF JAMES ESTRELLA, JR., Appellees On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-13854 MEMORANDUM OPINION Before Justices Bridges, Brown, and Whitehill Opinion by Justice Whitehill We reinstate this appeal, which we abated to allow the trial court an opportunity to conduct the necessary proceedings to effectuate the parties’ settlement agreement. By unopposed motion filed December 7, 2018, appellant moves to dismiss the appeal in light of the trial court’s signed “Order Approving Settlement Involving Minor Plaintiff and Judgment.” We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a). /Bill Whitehill/ BILL WHITEHILL JUSTICE 180837F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT D & S CONTAINER, INC. D/B/A On Appeal from the 101st Judicial District BUDGET BOX, Appellant Court, Dallas County, Texas Trial Court Cause No. DC-16-13854. No. 05-18-00837-CV V. Opinion delivered by Justice Whitehill. Justices Bridges and Brown participating. PRISCILLA RUIZ, INDIVIDUALLY AS SURVIVING SPOUSE, AND AS PARENT AND NEXT FRIEND OF JAMES ESTRELLA, JR., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that each party bear its own costs of this appeal, pursuant to the parties’ agreement. Judgment entered December 17, 2018. –2–