Pine Hollow, L.P. v. Heskett

Full title: PINE HOLLOW, L.P., D/B/A PINE HOLLOW MOBILE HOME PARK, APPELLANT v…

Court: Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 10, 2003

No. 12-03-00166-CV (Tex. App. Sep. 10, 2003)

Opinion

No. 12-03-00166-CV

Opinion delivered September 10, 2003

Appeal from the County Court at Law No. 2 of Gregg County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DEVASTO, J.

MEMORANDUM OPINION

PER CURIAM.

The parties hereto have filed a joint motion to vacate and render judgment pursuant to settlement. That motion has been signed by the attorneys for all parties and represents that the parties' agreement disposes of all issues presented for appeal. Because the parties have met the requirements of Tex.R.App.P. 42.1(a)(2), the motion is granted, the judgment of the trial court is vacated without regard to its merits, and the cause is dismissed with prejudice. The costs of this appeal are taxed against Appellant.

JUDGMENT

THIS CAUSE came to be heard on the appellate record and the joint motion of the parties to dismiss the appeal herein for the reason that all matters in controversy between the parties have been compromised, settled, and fully satisfied, and the Court having heard and considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the judgment of the trial court is Vacated and the appeal be, and the same is, hereby Dismissed with Prejudice; and that all costs of this appeal be, and the same are, adjudged against the Appellant, Pine Hollow, L.P., d/b/a Pine Hollow Mobile Home Park; for which let execution issue, and that this decision be certified to the court below for observance.

THIS CAUSE came to be heard on the appellate record and the joint motion of the parties to dismiss the appeal herein for the reason that all matters in controversy between the parties have been compromised, settled, and fully satisfied, and the Court having heard and considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the judgment of the trial court is Vacated and the appeal be, and the same is, hereby Dismissed with Prejudice; and that all costs of this appeal be, and the same are, adjudged against the Appellant, Pine Hollow, L.P., d/b/a Pine Hollow Mobile Home Park; for which let execution issue, and that this decision be certified to the court below for observance.

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.