Filed: Mar. 29, 2018
Latest Update: Mar. 29, 2018
Summary: ORDER PER CURIAM . This is an interlocutory appeal from an order signed June 30, 2017. On November 21, 2017, this court issued a substitute opinion dismissing this appeal for lack of jurisdiction. On November 27, 2017, appellants filed a motion for en banc reconsideration. On December 4, 2017, the parties notified this court that a settlement had been reached and the parties were working to finalize the agreement. The parties' agreed motion to abate the appeal was granted December 7, 2017.
Summary: ORDER PER CURIAM . This is an interlocutory appeal from an order signed June 30, 2017. On November 21, 2017, this court issued a substitute opinion dismissing this appeal for lack of jurisdiction. On November 27, 2017, appellants filed a motion for en banc reconsideration. On December 4, 2017, the parties notified this court that a settlement had been reached and the parties were working to finalize the agreement. The parties' agreed motion to abate the appeal was granted December 7, 2017. O..
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ORDER
PER CURIAM.
This is an interlocutory appeal from an order signed June 30, 2017. On November 21, 2017, this court issued a substitute opinion dismissing this appeal for lack of jurisdiction. On November 27, 2017, appellants filed a motion for en banc reconsideration. On December 4, 2017, the parties notified this court that a settlement had been reached and the parties were working to finalize the agreement. The parties' agreed motion to abate the appeal was granted December 7, 2017.
On March 5, 2018, appellants filed an unopposed motion to dismiss the appeal based on the parties' settlement agreement. That same day, appellants filed a motion requesting that the court withdraw the November 21, 2017 opinion. Appellees opposed the motion to withdraw.
The appeal is reinstated. We deny appellants' motion to withdraw the November 21, 2017 substitute memorandum opinion and vacate the November 21, 2017 judgment. See Tex. R. App. P. 42.1(c). We grant appellants' motion to dismiss the appeal. Appellants' motion for en banc reconsideration is denied as moot in light of the dismissal.
A corrected judgment will issue allocating costs as stated in the motion to dismiss. See Tex. R. App. P. 42.1(d). We direct the clerk of court to issue the mandate of the court immediately.
