Summary
In Lovell v. Martin (21 How. Pr. 238) a motion to discharge an order of arrest was first made upon the affidavits only on which the order was granted.
Summary of this case from Sheehan v. CarvalhoOpinion
NO. 14-11-00055-CV
03-13-2012
DIANA RUTH LOVELL, Appellant v. CHRISTOPHER WELDON MARTIN, Appellee
Motion Granted; Vacated and Remanded and Memorandum Opinion filed March 13, 2012.
On Appeal from the 246th District Court
Harris County, Texas
Trial Court Cause No. 2009-18060
MEMORANDUM OPINION
This is an appeal from an order on appellee's first amended motion in aid of agreement incident to divorce signed November 2, 2010. On March 5, 2012, the parties filed a joint motion to set aside the judgment below without reference to the merits and remand the cause to the trial court for rendition of a judgment in accordance with the parties' mediated and binding settlement agreement dated February 2, 2012. See Tex. R. App. P. 42.1. The motion is granted.
Accordingly, the trial court's order signed November 2, 2010, is set aside without reference to the merits, and the cause is remanded to the trial court for rendition of a judgment in accordance with the parties' mediated and binding settlement agreement dated February 2, 2012, and for entry of an order that replaces, supplants and supercedes the November 2, 2012 order of the trial court.
It is further ordered that costs incurred in the appeal shall be paid by the party incurring them and this court's mandate shall issue immediately.
PER CURIAM Panel consists of Chief Justice Hedges and Justices Jamison and McCally.