BDR 2012 Holding Company, LLC, Roberts Truck Center, Ltd., and BDR Preferred Holdings, LLC v. Summit Truck Group, LLC ( 2023 )

SET ASIDE AND REMAND and Opinion Filed August 11, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00364-CV BDR 2012 HOLDING COMPANY, LLC, ROBERTS TRUCK CENTER, LTD., AND BDR PREFERRED HOLDINGS, LLC, Appellants V. SUMMIT TRUCK GROUP, LLC, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03591 MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Miskel Opinion by Justice Reichek Before the Court is the parties’ joint motion for disposition of the appeal pursuant to their settlement agreement. We grant the motion and, pursuant to their settlement agreement, set aside the trial court’s judgement without regard to the merits and remand the case to the trial court for rendition of a joint order of dismissal with prejudice of all of the parties’ claims against one another. See TEX. R. APP. P. 42.1(a)(2)(B). /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230364F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BDR 2012 HOLDING COMPANY, On Appeal from the 44th Judicial LLC, ROBERTS TRUCK CENTER, District Court, Dallas County, Texas LTD., AND BDR PREFERRED Trial Court Cause No. DC-22-03591. HOLDINGS, LLC, Appellants Opinion delivered by Justice Reichek. Justices Partida-Kipness and Miskel No. 05-23-00364-CV V. participating. SUMMIT TRUCK GROUP, LLC, 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 a joint order of dismissal with prejudice of all of the parties’ claims against one another. We ORDER appellee Summit Truck Group, LLC recover its costs of this appeal from appellants BDR 2012 Holding Company, LLC, Roberts Truck Center, Ltd., and BDR Preferred Holdings, LLC. Judgment entered August 11, 2023 –2–