Shipley v. Republic

Full title: SHIPLEY BROTHERS, LTD., LONE STAR INVESTMENTS, KENNETH SHIPLEY, AND CALVIN…

Court: Court of Appeals of Texas, First District, Houston

Date published: Aug 13, 2009

No. 01-07-00911-CV (Tex. App. Aug. 13, 2009)

Opinion

No. 01-07-00911-CV

Opinion issued August 13, 2009.

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas, Trial Court Cause No. 852459.

Panel consists of Justices JENNINGS, BLAND, and WILSON.¹

1 The Hon. Davie L. Wilson, retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.

MEMORANDUM OPINION

TERRY JENNINGS, Justice.

The Court today considered the parties' joint motion to vacate and remand, in which they request that this Court withdraw its June 11, 2009 opinion and vacate its June 26, 2009 judgment, set aside the trial court's judgment without regard to the merits, and remand the case to the trial court for rendition of a take-nothing judgment in accordance with the parties' settlement agreement. The motion is granted as follows:

1. This Court's opinion of June 11, 2009 is withdrawn, as are the concurring and dissenting opinion of the same date, this opinion is substituted in the place of the Court's original opinion, and this Court's judgment of June 26, 2009 is vacated.

2. The trial court's judgment is set aside without regard to the merits and the case is remanded to the trial court for the rendition of a take-nothing judgment in accordance with the parties' settlement agreement. Tex. R. App. P. 42.1(a)(2), (c).

2. Pursuant to the parties' agreement, the parties shall bear their own costs of court in the trial court and in this Court. Tex. R. App. P. 42.1(d).

3. The Clerk of this Court is directed to issue mandate 10 days after the date of this opinion. Tex. R. App. P. 18.1.