Opinion
No. 13-07-00056-CV
Delivered and filed August 18, 2011.
On appeal from 94th District Court of Nueces County, Texas.
Before Justices BENAVIDES, VELA, and PERKES.
MEMORANDUM OPINION
On January 17, 2008, the Court granted a motion for stay and abated this appeal due to the bankruptcy of one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX. R. APP. P. 8. This case is before the Court on a joint motion to lift the stay, reverse the trial court's judgment, and remand for further proceedings. Accordingly, the stay imposed by this Court's order of January 17, 2008, is lifted and this appeal is REINSTATED.
The parties have reached an agreement with regard to the disposition of the matters currently on appeal. Pursuant to agreement, the parties request this Court to reverse the trial court's judgment and remand for further proceedings. The joint motion does not address the supersedeas bond filed in this case. We GRANT the motion and set aside the trial court's judgment without regard to the merits and REMAND this case to the trial court for further proceedings including the matter of the supersedeas bond. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d).
Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). The parties request immediate issuance of our mandate. See TEX. R. APP. P.18.1(c). The motion is GRANTED. We direct the Clerk of the Court to issue the mandate immediately.