Lewis v. Coffey

Full title: A. RAY LEWIS, D.O., APPELLANT v. PATRICIA WEBB COFFEY, INDIVIDUALLY, AS…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jun 4, 2009

No. 02-09-055-CV (Tex. App. Jun. 4, 2009)

Opinion

No. 02-09-055-CV

Delivered: June 4, 2009.

Appealed from the 17th District Court of Tarrant County.

PANEL: MEIER, J.; CAYCE, C.J.; and LIVINGSTON, J.

MEMORANDUM OPINION¹ AND JUDGMENT

1 See Tex. R. App. P. 47.4.

PER CURIAM.

We have considered the parties' "Joint Motion To Set Aside Or Vacate The Judgment And To Remand." It is the court's opinion that the motion should be granted. Accordingly, without regard to the merits, we vacate the trial court's judgment as to appellant A. Ray Lewis, D.O. only and remand the case to the trial court for rendition of a judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B); Innovative Office Sys., Inc. v. Johnson, 911 S.W. 2d 387, 388 (Tex. 1995).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.