Houston v. S. Elec. Serv.

Full title: THE CITY OF HOUSTON, Appellant v. SOUTHERN ELECTRICAL SERVICES, INC., AS…

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

Date published: May 7, 2009

No. 01-08-00152-CV (Tex. App. May. 7, 2009)

Opinion

No. 01-08-00152-CV

Opinion issued May 7, 2009.

On Appeal from the 165th Judicial District Court, Harris County, Texas, Trial Court Cause No. 2005-41564.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

MEMORANDUM OPINION

TERRY JENNINGS, Justice.

Appellant, the City of Houston, and appellees, Southern Electrical Services, Inc., as Assignee of Caddell Construction Co., Inc., and Caddell Construction Co., Inc., have filed an agreed motion in which the parties ask this Court to remand the case to the trial court without regard to the merits so that the parties may effectuate the terms of their settlement agreement. See Tex. R. App. P. 42.1(a)(2). We grant the motion, set aside the trial court's judgment without regard to the merits, and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. Pursuant to the parties' agreed motion, all costs of this appeal will be taxed to the party incurring the same.

It is so ORDERED.