Metropolitan Park Management, LLC and Sue Ann Ma v. Susan Hyman Appeal from 60th District Court of Jefferson County (memorandum opinion )

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00033-CV ____________________ METROPOLITAN PARK MANAGEMENT, LLC AND SUE ANN MA, Appellants V. SUSAN HYMAN, Appellee _______________________________________________________ ______________ On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-184,614 ________________________________________________________ _____________ MEMORANDUM OPINION The appellants, Metropolitan Park Management, LLC and Sue Ann Ma, and the appellee, Susan Hyman, have filed a joint motion to vacate the trial court’s judgment and jury verdict and dismiss the case by rendering judgment effectuating the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A). The parties have informed the Court that they have compromised and settled the entire controversy without any admission of wrongdoing of any kind. As part of the 1 compromise and settlement and by agreement of the parties, appellants and the appellee jointly request this Court to: (1) vacate and set aside the judgment of the trial court; (2) set aside and nullify in its entirety the jury verdict from the trial court; (3) dismiss appellee Susan Hyman’s claims with prejudice; (4) dismiss the claims against Metropolitan Park Management, LLC and Sue Ann Ma with prejudice; and (5) find the parties shall bear their own costs. Id. The joint motion to vacate the trial court’s judgment and jury verdict and dismiss the case is granted. We vacate the trial court’s judgment, thereby setting aside the jury verdict in its entirety. See Tex. R. App. P. 43.2(e). The entire case, including Susan Hyman’s claims, the claims against Metropolitan Park Management, LLC, and the claims against Sue Ann Ma, are dismissed with prejudice. See id. The parties shall, by agreement, bear their own costs. See Tex. R. App. P. 43.4. JUDGMENT VACATED; CASE DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on September 23, 2015 Opinion Delivered September 24, 2015 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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