Opinion
Nos. 13-02-360-CV, 13-04-203-CV.
Opinion delivered and filed May 6, 2004.
On appeal from the 28th District Court of Nueces County, Texas.
Before Justices HINOJOSA, YAÑEZ, and CASTILLO.
MEMORANDUM OPINION
Appellants, TERRY W. BRANDT, M.D., ET AL., perfected an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 99-2271-A. After the record and briefs were filed and after the cause was set for submission and oral argument, appellant Terry W. Brandt, M.D. and appellees Kelley Brooke Surber, et al. filed a joint motion to remand in aid of settlement. The parties state that appellant's estate has reached a settlement with appellees. The parties request that part of the appeal be remanded to the trial court in aid of settlement. The appeal as to appellant, Terry W. Brandt, M.D., and appellees, Kelley Brooke Surber, Individually, et al., is severed from the original appeal and is docketed under cause number 13-04-203-CV.
Having considered the joint motion to remand in aid of settlement and the documents on file, this Court is of the opinion that the motion should be granted. The joint motion to remand in aid of settlement as to appellant Terry W. Brandt, M.D. and appellees Kelley Brooke Surber, et al. in cause number 13-04-203-CV is hereby granted. The judgment of the trial court as to these parties is REVERSED, and the cause is REMANDED to the trial court in aid of settlement.
The remaining issues in the appeal will remain docketed under cause number 13-02-360-CV.