BNSF Railway Company v. Tenaris Global Services U.S.A. Corporation and Gulf Stream Marine, Inc. Appeal from 342nd District Court of Tarrant County (memorandum opinion per curiam)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00206-CV ___________________________ BNSF RAILWAY COMPANY, Appellant V. TENARIS GLOBAL SERVICES U.S.A. CORPORATION AND GULF STREAM MARINE, INC., Appellees On Appeal from the 342nd District Court Tarrant County, Texas Trial Court No. 342-291054-17 Before Sudderth, C.J.; Gabriel and Bassel, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT We have considered the parties’ “Joint Motion for Voluntary Dismissal of Appeal,” in which they inform us that they have reached a settlement agreement and in which they ask us to “set aside the trial court’s judgment without regard to the merits and dismiss this appeal.” The parties refer us to Texas Rule of Appellate Procedure 42.1(a) without specifying which subsection applies. Accordingly, we grant the portion of the parties’ motion requesting dismissal of the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f). Compare Tex. R. App. P. 42.1(a)(1) (stating that on appellant’s motion, the court may dismiss the appeal), with Tex. R. App. P. 42.1(a)(2)(B) (stating that in accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may “set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement”). Each party will bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4. Per Curiam Delivered: July 2, 2020 2
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