Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00155-CV

BENNY AND KERRICK HORTON D/B/A K & B PROPERTIES, APPELLANTS

V.

ASHLEY SMITH, APPELLEE

On Appeal from the 223rd District Court
Gray County, Texas
Trial Court No. 41049, Honorable Phil N. Vanderpool, Presiding

August 13, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellants, Benny and Kerrick Horton d/b/a K & B Properties, appeal from the trial

court’s Order Granting Defendant’s Rule 91(a) Motion to Dismiss. Now pending before

this Court is Appellants and Appellee’s “Agreed Motion to Remand to Trial Court.” The

motion is granted. Pursuant to the motion, we set aside the Order Granting Defendant’s

Rule 91(a) Motion to Dismiss without regard to the merits, remand the case to the trial

court for further proceedings, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(2). As
requested by the parties, costs shall be taxed against the parties who incurred them. See

TEX. R. APP. P. 42.1(d).

Per Curiam

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