Opinion
No. 11-07-00219-CV
Opinion filed April 10, 2008.
On Appeal from the County Civil Court at Law No. 2 Montgomery County, Texas Trial Court Cause No. 06-08-07940-CV.
Panel consists of: WRIGHT, C.J., McCall, J., and STRANGE, J.
MEMORANDUM OPINION
Unifund CCR Partners sued Joe K. Batchelor for $13,306.29 owed on a sworn account. The trial court granted Unifund's motion for summary judgment and awarded it a judgment against Batchelor. Batchelor filed this appeal.
Unifund has now filed in this court a motion to dismiss the appeal as moot. Unifund states in its motion that a business and economic decision has been made that any further defense of this judgment would not be worthwhile and that it is willing to agree to a rendition that it take nothing. Unifund further states that Batchelor has refused to agree to any resolution of this appeal. While Unifund asks that the appeal be dismissed as moot, Unifund also asks in the alternative that the judgment be reversed and that this court enter a take-nothing judgment.
Batchelor has filed a response to Unifund's motion in which he asserts that Unifund is "flooding the courts with frivolous lawsuits" and asks this court to order Unifund to answer his "pretrial interrogatories." Batchelor further asks this court to impose sanctions not only on Unifund but also on its counsel. All of Batchelor's allegations, contentions, and requests in his response have been considered, and each is overruled.
Unifund's motion is granted in part. The judgment of the trial court is vacated, and a judgment is entered that Unifund CCR Partners take nothing in its suit on Sworn Account No. 4839107000932493 against Joe K. Batchelor.