Opinion
No. 10-04-00074-CV
Opinion Delivered and Filed July 7, 2004.
Appeal from the 66th District Court Hill County, Texas, Trial Court # 37102.
Reversed and rendered.
Patrick C. Frank, Joseph F. Gilker Bruce K. Thomas, Gilker Jones, Mountainburg, AR, for appellant/relator.
John E. Wall, Jr., Law Office of John E. Wall, Jr., Dallas, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
The parties have filed a "Joint Motion for Dismissal of Appeal and Rendition of Judgment." They state that they have settled their dispute and ask that this Court "reverse the trial court's judgment and enter judgment N.O.V. in favor of [Appellant]." The parties also request that the Court enter an order releasing the "Supersedeas Bond" posted by Appellant.
Rule of Appellate Procedure 42.1(a)(2)(A) provides that this Court may "render judgment effectuating the parties' agreements." Rule 42.1(a)(2) authorizes this Court to do so "[i]n accordance with an agreement signed by the parties or their attorneys and filed with the clerk." TEX. R. APP. P. 42.1(a)(2). The parties have not filed a copy of their agreement with the Clerk of this Court. Nevertheless, the parties' attorneys have both signed the motion, which represents that the relief requested in the motion will effectuate the terms of their agreement. Accordingly, we will not require that the settlement agreement be filed with this Court. Id. 2.
The parties have included a proposed order to effectuate their motion. We adopt the order as proposed:
Therefore, the Tenth Court of Appeals, hereby in accordance with Rules 42.1(a) and 43.2(c) and the Joint Motion for Dismissal of Appeal and Rendition of Judgment orders the release of the Supersedeas Bond posted by American Freightways Corp. to American Freightways Corp. or FedEx Freight East, Inc. and renders judgment N.O.V. in favor of American Freightways Corp. and against Steve Huckaby. All costs of this Court and the 66th District Court will be borne by the party incurring same. The judgment of the 66th District Court entered on January 15, 2004 is hereby vacated. All other relief not granted herein is denied.
IT IS SO ORDERED.