SavRX Pharm. v. Tyler Internal Med. Assocs.

Full title: SAVRX PHARMACY, INC., CARE FIRST PHARMACY, LLC, SMART RX SYSTEMS, INC. AND…

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

Date published: Jul 20, 2022

No. 12-22-00021-CV (Tex. App. Jul. 20, 2022)

Opinion

12-22-00021-CV

07-20-2022

SAVRX PHARMACY, INC., CARE FIRST PHARMACY, LLC, SMART RX SYSTEMS, INC. AND SWATANTRA ROHATGI, APPELLANTS v. TYLER INTERNAL MEDICINE ASSOCIATES, PA, APPELLEE

PER CURIAM

APPEAL FROM THE 7TH JUDICIAL DISTRICT COURT SMITH COUNTY, TEXAS (TR.CT.NO. 21-2285-A)

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

MEMORANDUM OPINION

PER CURIAM

Appellants, SavRX Pharmacy, Inc., Care First Pharmacy, LLC, Smart RX Systems, Inc. and Swatantra Rohatgi, and Appellee, Tyler Internal Medicine Associates, PA, filed a motion to effectuate settlement. The motion states that the parties reached a settlement as to all issues and claims litigated in this appeal. They request that this Court set aside the trial court's judgment without regard to the merits and remand the case to the trial court for entry of a final judgment in accordance with the parties' settlement.

Texas Rule of Appellate Procedure 42.1 sets forth the actions that this Court may take in accordance with an agreement signed by the parties or their attorneys and filed with the clerk. Tex.R.App.P. 42.1(a)(2). We may: (A) render judgment effectuating the parties' agreement; (B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement; or (C) abate the appeal and permit proceedings in the trial court to effectuate the agreement. Tex.R.App.P. 42.1(a)(2).

Accordingly, we grant the motion to effectuate settlement. We render judgment setting aside the trial court's judgment, without regard to the merits, and we remand the case to the trial court for rendition of judgment in accordance with the parties' settlement. See Tex.R.App.P. 42.1(a)(2)(B).

JUDGMENT

THIS CAUSE came on to be heard on the parties' motion to effectuate settlement, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to effectuate settlement be granted; judgment is rendered setting aside the trial court's judgment without regard to the merits; the cause is remanded to the trial court for rendition of judgment in accordance with the parties' settlement agreement, and that the decision be certified to the court below for observance.