Opinion
NO. 14-19-00329-CV
10-08-2019
Imelda GRAJALES, Individually and as Next Friend of Her Minor Children A.L. and T.L., Appellant v. SUNBELT RENTALS INC., Sunbelt Rentals Scaffold Services LLC, and Haulotte US, Inc., Appellees
Cesar Tavares, Houston, for Appellant. Nicholas J. Lanza, Brandon Eric Berg, Christopher Frazier, Houston, Tariq Ahmad Zafar, Sugar Land, Teresa A. Carver, Houston, Spencer E. Dunn, for Appellees Sunbelt Rentals Inc., Sunbelt Rentals Scaffold Services LLC, and Haulotte US, Inc. Andrew L. Johnson, Houston, David Adair McFarland, Dallas, for Appellees Bil-Jax, Inc.
Cesar Tavares, Houston, for Appellant.
Nicholas J. Lanza, Brandon Eric Berg, Christopher Frazier, Houston, Tariq Ahmad Zafar, Sugar Land, Teresa A. Carver, Houston, Spencer E. Dunn, for Appellees Sunbelt Rentals Inc., Sunbelt Rentals Scaffold Services LLC, and Haulotte US, Inc.
Andrew L. Johnson, Houston, David Adair McFarland, Dallas, for Appellees Bil-Jax, Inc.
Panel consists of Justices Christopher, Spain, and Poissant.
Margaret "Meg" Poissant, Justice
This is an appeal from a judgment signed April 10, 2019. On September 19, 2019, the parties filed a joint motion to "partially set aside/vacate judgment and remand case." The motion states the parties on appeal reached an agreement resolving all disputes between them and asks that we vacate or set aside "that portion of the judgment which pertains to" the parties on appeal under Texas Rule of Appellate Procedure 42.1(a)(2)(B). The motion further requests that the portion of the judgment pertaining to US Carpet & Floors, LLC, a party to the judgment but not to this appeal, "not be disturbed."
The motion is GRANTED . Any portion of the trial court's judgment that pertains to US Carpet & Floors, LLC shall remain undisturbed. The remainder of the judgment is set aside without regard to the merits. We remand this case to the trial court for entry of a judgment in accordance with the parties' settlement agreement.
( Spain, J., dissenting without opinion)