Dallas Berkshire Partners, Ltd v. Glass Cellar, LLC, and Randall M. Dewitt

Judgment Vacated and Case Remanded and Opinion Filed July 24, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00731-CV

DALLAS BERKSHIRE PARTNERS, LTD, Appellant
V.
GLASS CELLAR, LLC AND RANDALL M. DEWITT, Appellees

On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-04908

MEMORANDUM OPINION
Before Justices Smith, Miskel, and Breedlove
Opinion by Justice Breedlove
Before the Court is appellant’s agreed motion to dismiss the appeal because
the parties have settled their dispute. Appellant asks that we dismiss the appeal,
vacate the trial court’s judgment, and remand this case to the trial court with
instructions for the trial court to dismiss all claims with prejudice. We grant the
motion as follows.
We set aside the trial court’s April 4, 2024 judgment without regard to the
merits and remand this case to the trial court for entry of judgment in accordance
with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

/Maricela Breedlove/
MARICELA BREEDLOVE
240731F.P05 JUSTICE

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

DALLAS BERKSHIRE On Appeal from the 68th Judicial
PARTNERS, LTD, Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-22-04908.
No. 05-24-00731-CV V. Opinion delivered by Justice
Breedlove. Justices Smith and Miskel
GLASS CELLAR, LLC AND participating.
RANDALL M. DEWITT, Appellees

In accordance with this Court’s opinion of this date, we SET ASIDE the trial
court’s April 4, 2024 judgment without regard to the merits and REMAND this case
to the trial court for entry of judgment in accordance with the parties’ agreement.

Subject to any agreement between the parties, we ORDER that appellees
GLASS CELLAR, LLC AND RANDALL M. DEWITT recover their costs of this
appeal from appellant DALLAS BERKSHIRE PARTNERS, LTD.

Judgment entered July 24, 2024

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