Opinion
No. 08-16-00352-CV
04-26-2017
JESUS DIAZ AND BIG A CONSTRUCTION CO., INC., Appellants, v. CITY OF EL PASO, Appellee.
Appeal from County Court at Law No. 5 of El Paso County, Texas (TC # 2015DTX0728) MEMORANDUM OPINION
Pending before the Court is a joint motion to modify the judgment of the trial court and affirm as modified. See TEX.R.APP.P. 42.1(a)(2)(A)(authorizing appellate court to render judgment effectuating the parties' agreements). The motion is granted. Accordingly, we modify the judgment to reflect the following: Appellant, Jesus Diaz, is liable for the real estate taxes assessed in the trial court's judgment, but he is not personally liable for the personal property taxes assessed therein; and Appellant, Big A Construction, Co., Inc., is liable for the personal property taxes assessed in the trial court's judgment, but it is not liable for the real estate taxes assessed therein. The judgment, as modified, is affirmed. Pursuant to the parties' agreement, Appellants are ordered to bear their own costs. We make no order with respect to payment of court costs by Appellee, the City of El Paso, because it is exempt from payment of court costs on appeal. See TEX.PROP.TAX CODE § 33.49(a)(West Supp. 2016). April 26, 2017
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.