Cook Incorporated and Cook Medical, LLC v. Jeffrey Alan Pavlock

• Court: Court of Appeals of Texas
• Decided: January 7, 2020
• Docket: 01-18-00798-CV
• Status: Published

Opinion

Opinion issued January 7, 2020

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00798-CV ——————————— COOK INCORPORATED AND COOK MEDICAL, LLC, Appellants V. JEFFREY ALAN PAVLOCK, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2017-03885

MEMORANDUM OPINION

Appellants, Cook Incorporated and Cook Medical, LLC, and Appellee,

Jeffrey Alan Pavlock, have filed a joint motion seeking to set aside the trial court’s

judgment, to remand the cause for rendition of a judgment consistent with the

parties’ settlement agreement, and to immediately issue this Court’s mandate. The parties have filed a signed agreement. See TEX. R. APP. P. 42.1(a)(2). No opinion has

issued. See TEX. R. APP. P. 42.1(c).

Rule 42.1 authorizes this Court to set aside the trial court’s judgment without

regard to the merits and remand the case to the trial court for rendition of a judgment

in accordance with the agreement. TEX. R. APP. P. 42.1(a)(2)(B); see also TEX. R.

APP. P. 43.2(d). Rule 18.1 authorizes this Court to issue the mandate immediately

on the parties’ agreement. TEX. R. APP. P. 18.1(c).

Accordingly, we reinstate the appeal, grant the parties’ joint motion, set aside

the trial court’s judgment without regard to the merits, and remand this case to the

trial court for rendition of a judgment in accordance with the parties’ agreement.

TEX. R. APP. P. 42.1(a)(2)(B); see also TEX. R. APP. P. 43.2(d). We direct the Clerk

of this Court to issue the mandate immediately. TEX. R. APP. P. 18.1(c). We dismiss

any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Goodman, and Countiss.