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Stanley v. McClanahan

Court of Appeals For The First District of Texas
Sep 16, 2014
NO. 01-13-00982-CV (Tex. App. Sep. 16, 2014)

Opinion

NO. 01-13-00982-CV

09-16-2014

LARRY STANLEY AND TERRI STANLEY, Appellants v. JOHN MCCLANAHAN, Appellee


On Appeal from the County Court Colorado County, Texas
Trial Court Case No. 13-5,197

MEMORANDUM OPINION

This is an appeal from a judgment signed July 29, 2013, granting summary judgment in a forcible entry and detainer action, entitling appellee to possession of the real property and recovery of damages for past due rent and attorneys' fees. On July 24, 2014, appellee filed his brief and offered to voluntarily remit all damages and fees because he had sold the real property in question, rendering this appeal moot. On August 20, 2014, the parties filed a joint motion for entry of judgment pursuant to compromise, requesting that we render judgment effectuating their agreement, and requesting to expedite the mandate's issuance. See TEX. R. APP. P. 42.1(a)(2)(A), 18.1(c). No opinion has issued.

Accordingly, we grant the motion, dismiss as moot appellants' appeal of the portion of the trial court's judgment that appellee is entitled to possession of the real property, reverse the portion of the judgment of the trial court's judgment that appellee is entitled to recovery of damages of $4,000.00 for past due rent and attorneys' fees of $3,600.00, and render judgment that appellee John McClanahan take nothing. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(c), (f). We dismiss any other pending motions as moot. The Clerk is directed to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1(c).

PER CURIAM Panel consists of Justices Higley, Bland, and Sharp.


Summaries of

Stanley v. McClanahan

Court of Appeals For The First District of Texas
Sep 16, 2014
NO. 01-13-00982-CV (Tex. App. Sep. 16, 2014)
Case details for

Stanley v. McClanahan

Case Details

Full title:LARRY STANLEY AND TERRI STANLEY, Appellants v. JOHN MCCLANAHAN, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Sep 16, 2014

Citations

NO. 01-13-00982-CV (Tex. App. Sep. 16, 2014)