Benito Cantu and Unimex Logistics, LLC v. Shanique Moye and Edward Barlow, Individually and Shanique Moye a/n/f of Malik Barlow and Ja'niyah Barlow 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. 09-17-00013-CV ____________________ BENITO CANTU AND UNIMEX LOGISTICS, LLC, Appellants V. SHANIQUE MOYE AND EDWARD BARLOW, INDIVIDUALLY AND SHANIQUE MOYE A/N/F OF MALIK BARLOW AND JA’NIYAH BARLOW, Appellees ________________________________________________________________________ On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-198,503 ________________________________________________________________________ MEMORANDUM OPINION The appellants, Benito Cantu and Unimex Logistics, LLC, and the appellees, Shanique Moye and Edward Barlow, Individually and Shanique Moye a/n/f of Malik Barlow and Ja’niyah Barlow, jointly filed an agreed motion to dismiss the cause with prejudice pursuant to their settlement agreement. See Tex. R. App. P. 42.1(a)(2). The parties ask this Court to vacate the trial court’s judgment, order all costs of court and attorneys’ fees be assessed against the incurring party, and dismiss the case with 1 prejudice. See Tex. R. App. P. 43.2(e), 43.4. No party objected to this Court’s notice that the case would be remanded to the trial court for approval of the minors’ settlement agreement. As requested by the parties and in accordance with the parties’ agreement, we vacate the trial court’s final judgment of September 22, 2016. See Tex. R. App. P. 43.2(d). The parties shall, by agreement, bear their own attorneys’ fees and costs related to the appeal, and no party shall be responsible for any attorney’s fees and costs of court incurred by any other party. See Tex. R. App. P. 43.4. The case is remanded to the trial court for further proceedings consistent with the parties’ settlement agreement. JUDGMENT VACATED; CASE REMANDED. ________________________________ CHARLES KREGER Justice Submitted on May 24, 2017 Opinion Delivered May 25, 2017 Before McKeithen, C.J., Kreger and Johnson, JJ. 2
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