CITY v. RIVERCREST CIV A

Full title: CITY OF HOUSTON, Appellant v. RIVERCREST CIVIC ASSOCIATION, Appellee

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

Date published: Feb 22, 2007

No. 14-06-00638-CV (Tex. App. Feb. 22, 2007)

Opinion

No. 14-06-00638-CV.

Opinion filed February 22, 2007.

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 858660.

Panel consists of Justices ANDERSON, HUDSON, and GUZMAN.

SUBSTITUTE MEMORANDUM OPINION

PER CURIAM.

This is an appeal from a judgment signed June 16, 2006.

On November 20, 2006, the parties filed a joint motion to reverse the judgment and remand the cause to the trial court for rendition of judgment of dismissal with prejudice pursuant to the parties' agreement. See TEX. R. APP. P. 42.1. On November 30, 2006, this court granted the motion and issued an opinion, reversing the trial court's judgment and remanding to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties' agreement. Appellee subsequently filed a motion for rehearing, asking that we withdraw our opinion of November 30, 2006, and issue an opinion vacating the trial court's judgment, remanding to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties' agreement, and dismissing the appeal. We requested a response and appellant filed a response, reflecting no opposition.

We grant appellee's motion for rehearing.

Accordingly, the judgment is vacated, the cause is remanded to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties' agreement, and the appeal is dismissed.