Komplete Group, Inc. v. Factory Mutual Insurance Company, Zurich American Insurance Company, and Scor, as Subrogees of Building Materials Corporation of America d/b/a GAF Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)
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SET ASIDE and REMAND; and Opinion Filed August 1, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00502-CV KOMPLETE GROUP, INC., Appellant V. FACTORY MUTUAL INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, AND SCOR, AS SUBROGEES OF BUILDING MATERIALS CORPORATION OF AMERICA D/B/A GAF, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-12370 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Lang-Miers Before the Court is the parties’ joint motion to vacate the trial court’s judgment. The parties inform the Court that they have settled their differences and ask that we set aside the trial court’s judgment and remand this case to the trial court. We grant the motion, set aside the trial court’s February 12, 2018 judgment without regard to the merits, and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(2)(B). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 180502F.P05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT KOMPLETE GROUP, INC., Appellant No. 05-18-00502-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-12370. Opinion delivered by Justice Lang-Miers. Justices Evans and Schenck participating. V. FACTORY MUTUAL INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, AND SCOR, AS SUBROGEES OF BUILDING MATERIALS CORPORATION OF AMERICA D/B/A GAF, Appellees In accordance with this Court’s opinion of this date, the trial court’s February 12, 2018 judgment is SET ASIDE and the case is REMANDED to the trial court for rendition of judgment in accordance with the parties’ agreement. Subject to any agreement between the parties, it is ORDERED that appellees FACTORY MUTUAL INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, AND SCOR, AS SUBROGEES OF BUILDING MATERIALS CORPORATION OF AMERICA D/B/A GAF recover their costs of this appeal from appellant KOMPLETE GROUP, INC. Judgment entered this 1st day of August, 2018. –2–
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