Mortgage Electronic Registration Systems, Inc. v. Mark DiSanti--Appeal from 393rd District Court of Denton County
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NO. 07-10-00267-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
NOVEMBER 23, 2010
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., APPELLANT
v.
MARK DISANTI, APPELLEE
FROM THE 393RD DISTRICT COURT OF DENTON COUNTY;
NO. 2009-60324-393; HONORABLE DOUGLAS M. ROBISON, JUDGE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant Mortgage Electronic Registration Systems, Inc., and appellee Mark
DiSanti have filed a joint motion, by which they state the parties have settled all
disputed matters in the underlying litigation. They ask us to vacate the judgment of the
trial court and remand the case to that court for dismissal of all claims with prejudice.
The attorneys for the parties state they agreed to the form and substance of the motion.
According to the motion, which is signed by attorneys for both parties, an attached
exhibit is a written agreement expressing the parties’ request for voluntary disposition of
the appeal.
We grant the motion. The judgment of the trial court is set aside without regard
to the merits. The case is remanded to the trial court for rendition of judgment in
accordance with the agreement of the parties. Tex. R. App. P. 42.1(a)(2)(B). In the
absence of an agreement, costs are taxed against appellant. Tex. R. App. P. 42.1(d).
Because voluntary relief is granted at the request of the parties, we will not
consider a motion for rehearing and our mandate will issue forthwith.
James T. Campbell
Justice
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