Kobi Electric, LLC Kobi International, Inc. And Fouad Saade A/K/A Frank Saade v. UMB Bank, N.A. ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00037-CV
___________________________
KOBI ELECTRIC, LLC; KOBI INTERNATIONAL, INC.; AND FOUAD SAADE
A/K/A FRANK SAADE, Appellants
V.
UMB BANK, N.A., Appellee
AND
UMB BANK, N.A., Appellant
V.
MICHAEL SAWILOWSKY, Appellee
On Appeal from the 17th District Court
Tarrant County, Texas
Trial Court No. 017-299994-18
Before Walker, J.; Sudderth, C.J.; and Kerr, J.
Per Curiam Memorandum Opinion and Order
MEMORANDUM OPINION AND ORDER
We have considered the “Joint Motion of UMB Bank, N.A., and Michael
Sawilowsky to Vacate and Render Judgment Pursuant to Settlement.” Because it will
not prejudice the remaining parties, we grant the motion in part and dismiss UMB
Bank’s notice of appeal. See Tex. R. App. P. 42.1(b). The appeal filed by Kobi
Electric, LLC; Kobi International, Inc.; and Fouad Saade remains pending. The style
of this case shall now be Kobi Electric, LLC; Kobi International, Inc.; and Fouad Saade
a/k/a Frank Saade v. UMB Bank, N.A.1 UMB Bank and Sawilowsky’s requests to
vacate the trial court’s judgment regarding the claims between them, to enter
judgment dismissing those claims with prejudice pursuant to their settlement
agreement, and to assess costs equally between them will be carried with the case. See,
e.g., Dawson v. Lipham, No. 02-15-00136-CV, 2016 WL 438394, at *1 (Tex. App.—Fort
Worth Feb. 4, 2016) (per curiam) (mem. op.), disp. on merits, 2016 WL 3569248 (Tex.
App.—Fort Worth June 30, 2016, no pet.) (mem. op.).
Per Curiam
Delivered: October 28, 2021
1
We will not consider UMB Bank’s July 22, 2021 appellant’s brief in our
disposition of the remainder of this appeal. UMB Bank’s appellee’s brief remains due
no later than November 5, 2021.
2