CMR Energy, L.P. v. Martin Guarjardo

• Court: Court of Appeals of Texas
• Decided: March 17, 2010
• Docket: 04-09-00723-CV
• Status: Published

Opinion

•           •           • • • •

MEMORANDUM OPINION

No. 04-09-00723-CV

CMR ENERGY, L.P.,

Appellant

v.

Martin GUAJARDO and Celia Guajardo,

Appellees

From the 293rd Judicial District Court, Maverick County, Texas

Trial Court No. 06-06-21768-MCV

Honorable Cynthia L. Muniz, Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Chief Justice

Karen Angelini, Justice

                        Marialyn Barnard, Justice

Delivered and Filed: March 17, 2010 

JOINT MOTION TO REVERSE AND REMAND GRANTED; REVERSED AND REMANDED

            The parties have filed a joint motion stating they have fully resolved and settled all issues in dispute. The parties ask that we reverse the trial court’s judgment and remand the cause to the trial court for entry of a take nothing judgment in accordance with the settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). The parties have also asked that we release and discharge CMR Energy, L.P., as principal, and Travelers Casualty and Surety Company of America, as surety, from the supersedeas bond filed to suspend execution of judgment. The parties have agreed that each party will bear its own costs.

            We grant the motion. The judgment of the trial court is reversed and the cause is remanded to the trial court for entry of a take nothing judgment in accordance with the parties’ settlement agreement. The supersedeas bond filed by CMR Energy, L.P., as principal, and Travelers Casualty and Surety Company of America, as surety, is released and all obligations thereon are discharged. Costs of the appeal are taxed against the parties who incurred them. And, the clerk of this court, as requested by the parties, is ordered to issue the mandate contemporaneously with this opinion.