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Carter v. Sliwicki

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Aug 16, 2017
No. 08-17-00052-CV (Tex. App. Aug. 16, 2017)

Opinion

No. 08-17-00052-CV

08-16-2017

ROBERT EUGENE CARTER, Appellant, v. ALICE SLIWICKI & ENGA SKIVER, Appellees.


Appeal from the 109th District Court of Crane County, Texas (TC# 6284) MEMORANDUM OPINION

Pending before the Court is a joint motion to vacate the trial court's order denying Appellant's motion for summary judgment without regard to the merits and remand the cause to the trial court for further proceedings. See TEX.R.APP.P. 42.1(a)(2)(B). The motion is granted. Accordingly, we vacate the trial court's November 17, 2016 order denying Appellant's motion for summary judgment without regard to the merits, and we remand the matter to the trial court for further proceedings in accordance with the parties' agreement. Further, the Court grants the parties' request to expedite issuance of the mandate. The motion does not indicate that the parties have reached an agreement regarding the assessment of costs. Consequently, costs of the appeal are assessed against Appellant. See TEX.R.APP.P. 42.1(d)(absent agreement of the parties, the court will assess costs against appellant).

GINA M. PALAFOX, Justice August 16, 2017 Before McClure, C.J., Rodriguez, and Palafox, JJ.


Summaries of

Carter v. Sliwicki

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Aug 16, 2017
No. 08-17-00052-CV (Tex. App. Aug. 16, 2017)
Case details for

Carter v. Sliwicki

Case Details

Full title:ROBERT EUGENE CARTER, Appellant, v. ALICE SLIWICKI & ENGA SKIVER…

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Aug 16, 2017

Citations

No. 08-17-00052-CV (Tex. App. Aug. 16, 2017)