A-L CREEKSIDE TN. v. NEW BRAUNFELS IH-35, 03-08-00618-CV (Tex.App.-Austin 7-7-2009)


A-L Creekside Town Center, L.P.; and City of New Braunfels, Texas, Appellants v. New Braunfels IH-35 Retail Associates, L.P., Appellee.

No. 03-08-00618-CVCourt of Appeals of Texas, Third District, Austin.
Filed: July 7, 2009.

Appealed from the District Court of Comal County, 22nd Judicial District No. C2008-0805A, Honorable Dib Waldrip, Judge Presiding.

Dismissed and Remanded.

Before Justices PATTERSON, PEMBERTON and WALDROP.

MEMORANDUM OPINION
BOB PEMBERTON, Justice.

Appellants, A-L Creekside Town Center, L.P. and City of New Braunfels, Texas, and appellee, New Braunfels IH-35 Retail Associates, L.P., have jointly filed with this Court an agreed motion to dismiss the appeal, informing the Court that they have settled their dispute. The parties state that Retail Associates, plaintiff in the trial court, has agreed to dismiss the City from its lawsuit and has entered into a settlement agreement with Creekside. The parties move that we dismiss the appeal and remand to the district court for further proceedings to effectuate the settlement agreement. We grant the parties’ agreed motion, dismiss the appeal, and remand to the trial court for further proceedings consistent with the parties’ agreement. See Tex. R. App. P. 42.1.