Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. v. AmeriPride Services, Inc.

• Court: Court of Appeals of Texas
• Decided: July 17, 2017
• Docket: 07-17-00200-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-17-00200-CV ________________________

ENDOSCOPY GP, LLC AND AMARILLO ENDOSCOPY CENTER, L.P., APPELLANTS

V.

AMERIPRIDE SERVICES, INC., APPELLEE

On Appeal from the County Court at Law No. 2 Potter County, Texas Trial Court No. 105786-2; Honorable Pamela Cook Sirmon, Presiding

July 17, 2017

MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Pending before this court is Appellants’ Joint Motion to Set Aside the Trial Court’s

Judgment and Remand to Trial Court of Appellants, Endoscopy GP, LLC and Amarillo

Endoscopy Center, L.P., and Appellee, Ameripride Services, Inc. In their joint motion,

the parties request that we set aside the trial court’s judgment and remand the case to

the trial court for rendition of a judgment in accordance with the parties’ agreement. To accord the trial court with jurisdiction to accomplish the relief requested by the

parties and effectuate their agreement, we grant the motion and, without passing on the

merits of the appeal, set aside 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.

See TEX. R. APP. P. 42.1(a)(2)(B). Pursuant to the motion, all costs on appeal should be

taxed against the parties incurring them. Id. at 42.1(d). Having set aside the judgment

at the request of the parties, no motion for rehearing will be entertained and our

mandate will issue forthwith.

Per Curiam