Sutton Fruit & Vegetable Co. v. Wilbur-Ellis Co.

Full title: SUTTON FRUIT & VEGETABLE COMPANY, DONALD JOHNSON, CHRISTOPHER SUTTON…

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Sep 30, 2013

NO. 12-13-00249-CV (Tex. App. Sep. 30, 2013)

Opinion

NO. 12-13-00249-CV

09-30-2013

SUTTON FRUIT & VEGETABLE COMPANY, DONALD JOHNSON, CHRISTOPHER SUTTON, KENNETH SUTTON AND KEITH SUTTON, APPELLANTS v. WILBUR-ELLIS COMPANY, APPELLEE

PER CURIAM

APPEAL FROM THE 392ND JUDICIAL DISTRICT COURT HENDERSON COUNTY, TEXASMEMORANDUM OPINION

Appellants have filed an unopposed motion to 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 parties' agreement. Appellants state in their motion that their agreement obviates the need to proceed with this appeal.

This court is of the opinion that the motion should be granted. Accordingly, we grant the motion, reverse 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 parties' agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Opinion delivered September 30, 2013.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

JUDGMENT

Appeal from the 392nd Judicial District Court of Henderson County, Texas (Tr.Ct.No. 2012B-0228-A)

THIS CAUSE came on to be heard on the unopposed motion to set aside the trial court's judgment, without regard to the merits, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be granted, the trial court's judgment be reversed, and the case remanded to the trial court for rendition of judgment in accordance with the parties' agreement, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.