Elsa Chavana Guajardo, as Administrator and Heir in This Estate, and R. Stephen McNally v. Ricardo Chavana, III

Opinion

MEMORANDUM OPINION No. 04-09-00766-CV

Elsa Chavana GUAJARDO and R. Stephen McNally, Appellants

v.

Ricardo CHAVANA, III, Appellee

Gloria Chavana Garcia, Intervenor

From the County Court At Law No. 1, Webb County, Texas Trial Court No. 10,089 Honorable Alvino (Ben) Morales, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: May 4, 2011

VACATED AND REMANDED

The parties have filed an agreed motion requesting that we set aside the trial court’s

judgment without consideration of the merits, and remand the case to the trial court for rendition

of judgment in accordance with the settlement agreement reached by the parties which resolves

all issues among them involved in this appeal. The motion is granted. Without consideration of 04-09-00766-CV

the merits, we vacate the trial court’s judgment and remand the case to the trial court for

rendition of judgment in accordance with the parties’ settlement agreement. TEX. R. APP. P.

42.1(a)(2)(B); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San

Antonio 2001, no pet.). Costs of appeal are taxed against the party incurring same.

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