Patrick v. Bold Roofing Co.

Full title: Toni PATRICK, Appellant, v. BOLD ROOFING CO., Appellee.

Court: Court of Appeals of Texas, El Paso.

Date published: Jul 8, 2015

536 S.W.3d 1 (Tex. App. 2015)

Opinion

No. 08–15–00148–CV

07-08-2015

Toni PATRICK, Appellant, v. BOLD ROOFING CO., Appellee.

Eliot D. Shavin, for Toni Patrick. Stephen Niermann, for Bold Roofing Co.

ANN CRAWFORD McCLURE, Chief Justice

Eliot D. Shavin, for Toni Patrick.

Stephen Niermann, for Bold Roofing Co.

Before McClure, C.J., Rodriguez, and Hughes, JJ.

MEMORANDUM OPINION

ANN CRAWFORD McCLURE, Chief Justice

Pending before the Court is the joint motion of Appellant, Toni Patrick, and Appellee, Bold Roofing Company, to vacate the trial court's judgment. See Tex. R. App. P. 42.1(a)(2). The motion is granted. Accordingly, the trial court's judgment is set aside and the cause is remanded to the trial court for further proceedings in accordance with the parties' agreement. The motion does not address costs. Accordingly, costs of the appeal are taxed against Appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant").