Tom Bernson d//b/a Bernson Enterprises v. Transit Mix Concrete & Materials Company--Appeal from 181st District Court of Randall CountyAnnotate this Case
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
JANUARY 30, 2009
TOM BERNSON d/b/a BERNSON ENTERPRISES,
TRANSIT MIX CONCRETE & MATERIALS COMPANY,
FROM THE 181st DISTRICT COURT OF RANDALL COUNTY;
NO. 57,326-B; HON. JOHN B. BOARD, PRESIDING
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Tom Bernson d/b/a Bernson Enterprises, appellant, appealed a judgment of the
181st District Court of Randall County in favor of Transit Mix Concrete & Materials
Company, appellee. On December 19, 2008, appellant and appellee, through their
counsel, filed a joint motion to abate the appeal and permit proceedings in the trial court
to effectuate a settlement agreement. See TEX . R. APP. P. 42.1(a)(2)(C) (authorizing
same). The parties have reached an agreement to settle and compromise their differences
and disputes, not only on the issues which are the subject of this appeal, but also in
collateral proceedings. We abated the cause to the trial court so that the settlement can
be effectuated, and the clerk’s record now on file shows that to have occurred.
Accordingly, we reinstate the appeal and dismiss it as settled. Having dismissed the
appeal as a result of the settlement, no motion for rehearing will be entertained, and our
mandate will issue forthwith.
It is so ordered.