Corpus Christi Retail Venture Lp v. Ullah Brothers Inc., D/B/A Aman's Jewelers I & Ii

• Court: Court of Appeals of Texas
• Decided: November 22, 2011
• Docket: 13-10-00682-CV
• Status: Published

Opinion

NUMBER 13-10-00682-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

CORPUS CHRISTI RETAIL VENTURE LP, Appellant,

v.

ULLAH BROTHERS INC., D/B/A AMAN'S JEWELERS I & II, Appellee. ____________________________________________________________

On appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellant, Corpus Christi Retail Venture LP, perfected an appeal from a judgment

entered by the 28th District Court of Nueces County, Texas, in cause number 09-2193-A.

The parties have filed a joint motion to reverse the judgment and remand to the trial court

on grounds that the parties have resolved this matter at mediation. The parties request that we reverse the trial court’s judgment and remand the case for further proceedings

consistent with the parties’ settlement.

The Court, having considered the documents on file and the joint motion to reverse

and remand, is of the opinion that the motion should be granted. See TEX. R. APP. P.

42.1(a). Accordingly, the joint motion is granted. We REVERSE the trial court=s

judgment without regard to the merits, and REMAND this case to the trial court for further

proceedings in accordance with the parties’ agreement. See TEX. R. APP. P.

42.1(a)(2)(B), 43.2(d).

Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) (“Absent

agreement of the parties, the court will tax costs against the appellant.”). Having

reversed the trial court’s judgment and remanded the case at the parties’ request, no

motion for rehearing will be entertained.

PER CURIAM

Delivered and filed the 22nd day of November, 2011.