First National Bank v. Mitchell C. Chaney

Opinion

NUMBER 13-09-00440-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

FIRST NATIONAL BANK, Appellant,

v.

MITCHELL C. CHANEY, Appellee. ____________________________________________________________

On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam

The parties to this appeal have filed a “Joint Motion to Vacate Judgment as to First

National Bank only and to dismiss appeals pursuant to settlement.” The Court has

considered the motion and it is the Court’s opinion that the motion should be granted in

part and denied in part.1 Accordingly, without regard to the merits, we vacate the judgment

1 Rule 42.1(a)(2) perm its the Court to render judgm ent effectuating the parties’ agreem ents or to vacate the trial court’s judgm ent and rem and the case to the trial court for rendition of judgm ent in accordance with the agreem ent; we cannot do both. See T EX . R. A PP . P. 42.1(a)(2)(A), (B). as to appellant, First National Bank2, and remand the case to the trial court for rendition of

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

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

The parties request that the Court direct the District Clerk to return the cash deposit

in lieu of supersedeas bond to appellant, together with any interest to which appellant may

be entitled. The request is GRANTED. We direct the District Clerk to return to appellant

the deposit of cash in lieu of supersedeas bond made by appellant, together with any

interest to which appellant may be entitled.

The parties also request immediate issuance of our mandate. See TEX . R. APP.

P.18.1(c). The request is GRANTED. We direct the Clerk of the Court to issue the

mandate immediately. In accordance with the agreement of the parties, costs are taxed

against the party incurring same. See TEX . R. APP. P. 42.1(d).

PER CURIAM

Delivered and filed the 15th day of April, 2010.

2 John W oodard did not perfect an appeal. Therefore, the judgm ent against John W oodard and in favor of Mitchell C. Chaney rem ains in full force and effect.