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Metro Games, Inc. v. Boomerjack Ventures, LLC

Court of Appeals of Texas, Second District, Fort Worth

December 27, 2013

METRO GAMES, INC. AND METRO ROUTE SERVICES, INC., APPELLANTS
v.
BOOMERJACK VENTURES, LLC; WILLIAM C. BRIDGES, M.D. & ASSOCIATES, P.A.; WILLIAM C. BRIDGES; AND BRENT TIPPS, APPELLEES

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION [1] AND JUDGMENT

PER CURIAM

We have considered the parties' "Agreed Motion To Vacate Final [Trial Court] Judgment And For Dismissal Of Appeal With Prejudice, " requesting that we vacate the trial court's judgment and dismiss this appeal. Rule 42.1(a)(2), however, does not allow us to both vacate the trial court's judgment and dismiss the appeal.[2] It is therefore the court's opinion that the motion should be granted in part and denied in part.[3]

Accordingly, without regard to the merits, we set aside the trial court's judgment and remand the case to the trial court for rendition of judgment in ...


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