Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas at Dallas issued a memorandum opinion on March 5, 2020, regarding case No. 05-19-01173-CV, where Braum's, Inc. (Appellant) appealed against Irma Aguilar (Appellee). The parties reached a settlement and submitted a joint motion to vacate the trial court's judgment and dismiss the case with prejudice. The court granted this motion, vacating the trial court’s June 24, 2019 judgment without addressing the merits of the case and dismissing it with prejudice. Each party agreed to bear its own costs for the appeal. Additionally, the obligations of Braum's Inc. as the principal and Travelers Casualty and Surety Company of America as surety on the appellant’s supersedeas bond were released. The judgment was officially entered on March 5, 2020.
Legal Issues Addressed
Allocation of Costs in Appealsubscribe to see similar legal issues
Application: The parties agreed that each would bear its own costs for the appeal, as part of the settlement agreement.
Reasoning: Each party agreed to bear its own costs for the appeal.
Release of Supersedeas Bond Obligationssubscribe to see similar legal issues
Application: The obligations of the appellant's supersedeas bond were released following the dismissal of the case with prejudice.
Reasoning: Additionally, the obligations of Braum's Inc. as the principal and Travelers Casualty and Surety Company of America as surety on the appellant’s supersedeas bond were released.
Settlement and Dismissal with Prejudicesubscribe to see similar legal issues
Application: The appellate court granted the parties' joint motion to vacate the trial court's judgment and dismiss the case with prejudice following a settlement agreement.
Reasoning: The parties reached a settlement and submitted a joint motion to vacate the trial court's judgment and dismiss the case with prejudice.
Vacating Trial Court Judgmentsubscribe to see similar legal issues
Application: The appellate court vacated the trial court’s judgment as per the joint motion of the parties, without addressing the merits of the case.
Reasoning: The court granted this motion, vacating the trial court’s June 24, 2019 judgment without addressing the merits of the case.