Don Berger and Andy Chernak v. James T Hooten

CourtCourt of Appeals of Texas
DecidedApril 29, 2009
Docket04-08-00827-CV
StatusPublished

This text of Don Berger and Andy Chernak v. James T Hooten (Don Berger and Andy Chernak v. James T Hooten) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Don Berger and Andy Chernak v. James T Hooten, (Tex. Ct. App. 2009).

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-08-00827-CV

Don BERGER (Former Hondo Police Chief) and Andy Chernak, in His Individual Capacity, Appellants

v.

James T. HOOTEN, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-12856 Honorable Andy Mireles, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice

Delivered and Filed: April 29, 2009

JOINT MOTION TO VACATE AND REMAND GRANTED; VACATED 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 vacate the trial court’s judgment and remand the cause to the trial

court for rendition of judgment in accordance with the agreement of the parties. We grant the parties’

motion. The judgment of the trial court is therefore vacated without regard to the merits, and the

cause is remanded to the trial court for rendition of judgment in accordance with the agreement of

the parties. See TEX . R. APP . P. 42.1(a)(2)(B). Costs of appeal are assessed against the party who

incurred them. See id. at 42.1(d).

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