Abbasid, Inc. D/B/A Azhar's Oriental Rugs, Phoenician Imports, Inc., and Azhar Said, Individually and D/B/A Abbasid, Inc. and Phoenician Imports, Inc. v. Dale & Klein, LLP

NUMBER 13-15-00562-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ABBASID, INC. D/B/A AZHAR’S ORIENTAL RUGS,
PHOENICIAN IMPORTS, INC., AND AZHAR SAID,
INDIVIDUALLY AND D/B/A ABBASID, INC.
AND PHOENICIAN IMPORTS, INC., Appellants,
v.
DALE & KLEIN, LLP, Appellee.
____________________________________________________________
On appeal from the 370th District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Benavides
Memorandum Opinion by Chief Justice Valdez
Defendants and counter-plaintiffs Abbasid, Inc. d/b/a Azhar’s Oriental Rugs,
Phoenician Imports, Inc., and Azhar Said, individually and d/b/a Abbasid, Inc. and
Phoenician Imports, Inc., and plaintiff and counter-defendant Dale & Klein LLP have each
appealed a final judgment rendered on September 11, 2015. This Court previously
abated the appeal to allow the parties to effectuate their settlement agreement. The
parties have now filed an agreed, joint motion for disposition pursuant to settlement
agreement. The parties assert that this case is now ripe for disposition pursuant to the
agreement, and ask us to render judgment effectuating their settlement. See TEX. R.
APP. P. 42.1(a)(2)(A). T
The Court, having considered the documents on file and the joint motion for
disposition pursuant to settlement agreement, is of the opinion that the motion should be
granted. See id. Accordingly, we REINSTATE this appeal. We GRANT the joint
motion for disposition pursuant to settlement agreement. In accordance with the
settlement agreement, we set aside and REVERSE the final judgment and RENDER
judgment dismissing the parties’ claims against each other with prejudice. In accordance
with the agreement of the parties, costs are taxed against the party incurring same. See
id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the
appellant.”). Having dismissed the appeal at the parties’ request, no motion for rehearing
will be entertained, and our mandate will issue forthwith. We dismiss any other pending
motions as moot.
ROGELIO VALDEZ
Chief Justice
Delivered and filed the
11th day of January, 2018.
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