RJC Midwest, LP v. Fernando Canales Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)

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SET ASIDE and REMANDED and Opinion Filed November 9, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00878-CV RJC MIDWEST, LP, Appellant V. FERNANDO CANALES, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-10405 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Evans Before the Court is the parties’ joint motion asking the Court to render judgment in accordance with the parties’ agreement. We grant the motion. We set aside the trial court’s second amended final judgment without regard to the merits and remand the case to the trial court for rendition of a take-nothing judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B). 180878F.P05 /David Evans/ DAVID EVANS JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT RJC MIDWEST, LP, Appellant No. 05-18-00878-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-10405. Opinion delivered by Justice Evans. Justices Lang-Miers and Brown participating. V. FERNANDO CANALES, Appellee In accordance with this Court’s opinion of this date, the trial court’s second amended final judgment is SET ASIDE without regard to the merits and the case is REMANDED for rendition of a take-nothing judgment in accordance with the parties’ agreement. Subject to the parties’ agreement, it is ORDERED that the parties shall bear their own costs of this appeal. Judgment entered this 9th day of November, 2018. –2–