PPI TECH. SERV. v. ONCA PETRO. DEV.

Full title: PPI TECHNOLOGY SERVICES, L.P., APPELLANT v. ONCA PETROLEUM DEVELOPMENT…

Court: Court of Appeals of Texas, First District, Houston

Date published: Mar 12, 2009

No. 01-06-00873-CV (Tex. App. Mar. 12, 2009)

Opinion

No. 01-06-00873-CV

Judgment rendered March 12, 2009.

Appeal from the 190th District Court of Harris County, Texas (Tr. Ct. No. 2004-17591). Panel consists of Chief Justice Radack and Justices Higley and Nuchia. Opinion delivered by Justice Nuchia.

MANDATE

TO 190TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:

Before our Court of Appeals for the First District of Texas, on March 12, 2009, the cause upon appeal to revise or reverse your order in the cause.

Panel consists of Chief Justice RADACK and Justices HIGLEY and NUCHIA.

was determined; and therein our said Court made its order in these words:

"The judgment rendered December 11, 2008 is vacated. The Court's opinion remains unchanged.

The cause heard today by the Court is an appeal from the judgment signed by the court below on June 30, 2006. In accordance with an agreement signed by the attorneys for appellant PPI TECHNOLOGY SERVICES, L.P. and appellee ONCA PETROLEUM DEVELOPMENT, INC., it is therefore CONSIDERED, ADJUDGED, and ORDERED that the judgment of the court below be set aside without regard to the merits and the cause be remanded to the court below for rendition of judgment in accordance with the agreement.

It is further ORDERED that appellate costs be taxed against the party that incurred them.

It is further ORDERED that this decision be certified below for observance.

Judgment rendered by panel consisting of Chief Justice Radack and Justices Higley and Nuchia."

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the First District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

MEMORANDUM ORDER

LAURA CARTER HIGLEY, Justice.

The parties have informed this Court that they have settled this appeal. We grant the joint motion of the parties, vacate this Court's judgment, 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 the agreement of the parties. See TEX. R. APP. P. 42.1(a)(2)(B). The Court's opinion remains unchanged. The Clerk is instructed to issue the mandate immediately.