Ana Maria Capistran v. Alberto M. Aguilar

• Court: Court of Appeals of Texas
• Decided: August 25, 2005
• Docket: 13-05-00145-CV
• Status: Published

Opinion

                             NUMBER 13-05-145-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

ANA MARIA CAPISTRAN,                                          Appellant,

                                           v.

ALBERTO M. AGUILAR,                                              Appellee.

                  On appeal from the 103rd District Court

                          of Cameron County, Texas.

                     MEMORANDUM OPINION

                  Before Justices Hinojosa, Yañez, and Garza

                             Memorandum Opinion Per Curiam

Appellant, ANA MARIA CAPISTRAN, perfected an appeal from a judgment entered by the 103rd District Court of Cameron County, Texas, in cause number 2003-07-3494.   After the record and appellant=s brief were filed, the parties filed a joint motion to enter judgment on settlement.  In the motion, the parties state that all matters of fact and things in controversy have been fully and finally compromised and settled.  The parties request that this Court enter judgment setting aside the judgment rendered in the trial court, order the appellee=s cause of action be dismissed with prejudice to the right of appellee to refile same, and assess all costs against the party incurring them.

The Court, having examined and fully considered the documents on file and  the parties= joint motion, is of the opinion that the motion should be granted.  The joint motion is granted, and the judgment of the trial court is hereby REVERSED and judgment is RENDERED that appellee=s cause of action be dismissed with prejudice.  Costs of the appeal are adjudged against the party incurring same.

PER CURIAM

Memorandum Opinion delivered and filed this

the 25th day of August, 2005.