First State Bank, Stratford-Dumas-Dalhart v. Bacc Farms, LTD. and Rockin' Lazy S Cattle Co., Inc.

NO. 07-05-0112-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JANUARY 4, 2006
______________________________
FIRST STATE BANK,
Appellant
v.
BACC FARMS, LTD. and ROCKIN’ LAZY S CATTLE CO., INC.,
Appellees
_________________________________
FROM THE 69th DISTRICT COURT OF MOORE COUNTY;
NO. 04-32; HON. RON ENNS, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
First State Bank, appellant, and BACC Farms, Ltd. and Rockin’ Lazy S Cattle Co.,
Inc., appellees, have filed a joint motion to reverse judgment pursuant to a settlement
agreement. So too do they ask that we remand the cause to the trial court for entry of an
order dismissing the suit with prejudice. Per the request of the parties, we grant the
motion, reverse the judgment, and remand the cause to the trial court to effectuate the
settlement agreement. See Dunn v. Canadian Oil & Gas Services, Inc., 908 S.W.2d 323
(Tex. App.–El Paso 1995, no pet.) (authorizing such relief). Having reversed the judgment
and remanded the cause to the trial court at the request of the parties, no motion for
rehearing will be entertained and our mandate shall issue forthwith.
Brian Quinn
Chief Justice
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