SAKS v. ROGERS

No. 04-16-00286-CV.

Margaret Landen SAKS and Philip M. Ross, Appellants, v. Marcus P. ROGERS, A. Chris Heinrichs, J. Barrett Shipp and Heinrichs & De Gennaro, P.C., Appellees.

Court of Appeals of Texas, Fourth District, San Antonio.


Attorney(s) appearing for the Case

Mark Nawfal , Michael B. Johnson , for J. Barrett Shipp, Appellee.

Michael B. Johnson , Mark Nawfal , for Heinrichs & De Gennaro, P.C., Appellee.

Michael B. Johnson , Mark Nawfal , for A. Chris Heinrichs, Appellee.

Royal B. Lea, III , Jonathan Yedor , for Marcus P. Rogers, Appellee.

Philip Martin Ross , for Margaret Landen Saks, Appellant.

Philip Martin Ross, for Appellant, Pro se.

Sitting: Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice.


MEMORANDUM OPINION

PER CURIAM.

Appellants Margaret Landon Saks and Philip M. Ross, and Appellee Marcus P. Rogers, individually, and in his capacity as Court-Appointed Interim Trustee of the Saks Children Family Trust a/k/a ATFL&L, filed a joint motion to dismiss a portion of this appeal. Appellants and Appellee Rogers state "they have settled their claims and defenses related to this appeal and [they have] agreed to partial dismissal." They pray for this court to render "an order or judgment partially setting aside the judgment of the trial court as to these settling parties and dismissing this appeal as to Appellants and Appellee Rogers, and rendering a take nothing judgment that Appellee Rogers recovers nothing from or against Appellants, and Appellants recover nothing from Appellee Rogers." The parties certified that they served this motion on the remaining appellees; none has filed any response.

We grant the joint motion. In accordance with the settlement agreement, we vacate the portion of the trial court's April 11, 2016 Order Confirming Award of Final Judgment that grants relief against Appellants in favor of Appellee Rogers. See TEX. R. APP. P. 42.1(a)(2); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.-San Antonio 2001, no pet.) (en banc) (per curiam).

We dismiss all claims and defenses by and between Appellants Margaret Landon Saks and Philip M. Ross, and Appellee Marcus P. Rogers, individually, and in his capacity as Court-Appointed Interim Trustee of the Saks Children Family Trust a/k/a ATFL&L from this appeal. See TEX. R. APP. P. 42.1(a)(2); Caballero, 70 S.W.3d at 181.

The appeal and issues pertaining to Appellants and the remaining appellees is retained on the court's docket. Costs of the appeal will be assessed upon final disposition of the appeal.


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