Opinion
NO. 14-17-00578-CV
01-30-2018
ELLEN L. ADAMS AND STEVEN ADAMS, Appellants v. BANK OF AMERICA, N.S. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF WMALT 2007-OA1 TRUST, Appellee
On Appeal from County Court at Law No. 1 Travis County, Texas
Trial Court Cause No. C-1-CV-16-011436
MEMORANDUM OPINION
This is an appeal from a judgment signed June 2, 2017. On January 19, 2018, the parties filed an agreed motion stating they had settled this case and asking us to vacate the trial court's judgment and dismiss the cause without prejudice. Because the motion asks this court to dismiss the underlying cause rather than remand to the trial court for dismissal, we construe their motion as one for us to render judgment effectuating the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(A). The motion is GRANTED.
The trial court's judgment is VACATED and cause number C-1-CV-16-011436 is dismissed without prejudice. See Exxon Corp. v. Butler, 619 S.W.2d 399, 399 (Tex. 1981) (per curiam) (vacating judgment and dismissing underlying cause under parties' agreement).
Costs are taxed against the party that incurred them.
The supersedeas bond paid by appellants is released.
PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown