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Parkdale Shopping Ctr. v. Dolgencorp of Tex., Inc.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 14, 2013
NUMBER 13-12-00478-CV (Tex. App. Nov. 14, 2013)

Opinion

NUMBER 13-12-00478-CV

11-14-2013

PARKDALE SHOPPING CENTER, Appellant, v. DOLGENCORP OF TEXAS, INC., Appellee.


On appeal from the County Court at Law No. 2 of

Nueces County, Texas.


MEMORANDUM OPINION


Before Justices Rodriguez, Garza, and Perkes

Memorandum Opinion Per Curiam

On August 15, 2013, this Court issued a memorandum opinion affirming the trial court's judgment. See Parkdale Shopping Ctr. v. Dolgencorp of Texas, Inc., No. 13-12-00478-CV, 2013 WL 4331047 (Tex. App.—Corpus Christi Aug. 15, 2013, no pet.). Parkdale Shopping Center requested and received an extension of time to file a motion for rehearing in this case until November 7, 2013. However, on October 29, 2013, the parties filed an "Agreed Motion to Remand Pursuant to Settlement." According to the motion, the parties have settled this case. They request that the Court withdraw its opinion and judgment and remand the case to the trial court for rendition of judgment in accordance with their settlement agreement.

The Court, having examined and fully considered the agreed motion, is of the opinion that it should be granted. Accordingly, we GRANT the "Agreed Motion to Remand Pursuant to Settlement." We withdraw our opinion and accompanying judgment and substitute this opinion and accompanying judgment in their place. See TEX. R. APP. P. 42.1(c). We set aside the trial court's judgment without regard to the merits, and we remand the case to the trial court for rendition of judgment in accordance with the agreements. See id. R. 42.1(a)(2)(B). We dismiss all pending motions as moot. Pursuant to the agreement of the parties, costs will be taxed against the party incurring same. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant.").

IT IS SO ORDERED.

PER CURIAM


Summaries of

Parkdale Shopping Ctr. v. Dolgencorp of Tex., Inc.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 14, 2013
NUMBER 13-12-00478-CV (Tex. App. Nov. 14, 2013)
Case details for

Parkdale Shopping Ctr. v. Dolgencorp of Tex., Inc.

Case Details

Full title:PARKDALE SHOPPING CENTER, Appellant, v. DOLGENCORP OF TEXAS, INC.…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 14, 2013

Citations

NUMBER 13-12-00478-CV (Tex. App. Nov. 14, 2013)