Midwest Emp. v. Harpole

Full title: MIDWEST EMPLOYERS CASUALTY COMPANY ON BEHALF OF TERRY ENGLISH, Appellant…

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Jan 12, 2011

No. 08-10-00226-CV (Tex. App. Jan. 12, 2011)

Opinion

No. 08-10-00226-CV

January 12, 2011.

Appealed from the 57th Judicial District Court of Bexar County, Texas, (TC# 2008-CI-01410).

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

MEMORANDUM OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Pending before the Court is a joint motion to dispose of the appeal in accordance with the parties' agreement. The parties request that we 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 their agreement. See TEX.R.APP.P. 42.1(a)(2)(B). They further request that the mandate issue immediately. See TEX.R.APP.P. 18.1(c). Finally, the parties request that costs on appeal be taxed in accordance with their agreement, but they do not state what their agreement on this issue is. The motion is granted. The trial court's judgment is set aside, and the case is remanded to that court for further proceedings consistent with the parties' agreement. The Clerk of this Court shall issue the mandate contemporaneously with this opinion. Costs on appeal are taxed in accordance with the parties' agreement.