# Opinion

> Texas Court of Appeals, 3rd District (Austin) · July 10, 2014

URL: https://www.frixlaw.com/law-library/cases/2958162

## Case

- **Full name:** the City of Brady The Zoning Board of Adjustment of the City of the City of Brady The Zoning Board of Adjustment of the City of Brady, Texas Gail Lohn, in Her Official Capacity as Mayor of the City of Brady Mary Bradshaw v. Jon Chase, Kadhrann J. Hallmark, Frederica Banker, Jo Kelly Rutherford, L.W. McIntosh, Stephanie Wiesen, Bliss Collier, Virginia Napper, Robert Hernandez, Connie Hernandez, Pamela Cantrell, and Everette Rohr
- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** July 10, 2014
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00550-CV

Appellants, The City of Brady; the Zoning Board of Adjustment of the City of Brady,
Texas; Gail Lohn, in her official capacity as Mayor of the City of Brady; Mary Bradshaw,
Brendan Weatherman, Missi Davis, Linda Lott, and Marilyn Gendusa, in their official
capacities as Members of the City Council of the City of Brady; Dale Brown, in his official
capacity as City Manager of the City of Brady // Cross-Appellants, Jon Chase,
Kadhrann J. Hallmark, Frederica Banker, Jo Kelly Rutherford, L.W. McIntosh,
Stephanie Wiesen, Bliss Collier, Virginia Napper, Robert Hernandez, Connie Hernandez,
Pamela Cantrell, and Everette Rohr

v.

Appellees, Jon Chase, Kadhrann J. Hallmark, Frederica Banker, Jo Kelly Rutherford,
L.W. McIntosh, Stephanie Wiesen, Bliss Collier, Virginia Napper, Robert Hernandez,
Connie Hernandez, Pamela Cantrell, and Everette Rohr // Cross-Appellees, The City of
Brady; the Zoning Board of Adjustment of the City of Brady, Texas; Gail Lohn, in her
official capacity as Mayor of the City of Brady; Mary Bradshaw, Brendan Weatherman,
Missi Davis, Linda Lott, and Marilyn Gendusa, in their official capacities as Members of
the City Council of the City of Brady; Dale Brown, in his official capacity as City Manager
of the City of Brady

FROM THE DISTRICT COURT OF MCCULLOCH COUNTY, 198TH JUDICIAL DISTRICT
NO. 2012072, HONORABLE MELVIN REX EMERSON, JR., JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed an agreed motion for dismissal of their pending interlocutory

appeals. They state that the parties have resolved their dispute by a written compromise and

settlement agreement and request that the case be remanded to the district court for entry of an

agreed final judgment. We grant the motion, dismiss the pending interlocutory appeals, and remand

the case to the trial court for further proceedings in accordance with the settlement agreement. See
Tex. R. App. P. 42.1(a).1

__________________________________________

Melissa Goodwin, Justice

Before Chief Justice Jones, Justices Goodwin and Field

Dismissed on Agreed Motion

Filed: July 10, 2014

1
Also pending before this Court is appellants/cross appellees’ motion to dismiss cause as
moot, which motion we dismiss as moot.

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2958162. Public record. Not legal advice.