Gares Corporation v. S & D Investments, L.L.C.

• Court: Court of Appeals of Texas
• Decided: December 21, 2006
• Docket: 07-06-00293-CV
• Status: Published

Opinion

NO. 07-06-0293-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

DECEMBER 21, 2006 ______________________________

GARES CORP., APPELLANT

V.

S & D INVESTMENTS, L.L.C., APPELLEE _________________________________

FROM THE 218TH DISTRICT COURT OF LA SALLE COUNTY;

NO. 04-07-00064-CVL; HONORABLE STELLA H. SAXON, JUDGE _______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON JOINT MOTION TO EFFECTUATE SETTLEMENT AGREEMENT

Appellant, Gares Corporation (“Gares”), perfected an appeal from the trial court’s

order granting appellee’s, S & D Investments, L.L.C. (“S & D”), Amended Motion for

Enforcement of Judgment and Release of Lien and Motion for Sanctions and the trial

court’s supplemental order granting S & D’s Amended Motion for Enforcement of Judgment

and Release of Lien and Motion for Sanctions. The parties have filed a Joint Motion to

Effectuate Settlement Agreement asserting that the parties have reached a settlement

agreement. The joint motion requests that this court set aside the trial court’s judgment

without regard to the merits and remand the case to the trial court for rendition of a judgment in accordance with the parties’ agreement. This disposition is authorized by rules

42.1 (a)(2)(B) and 43.2(d) of the Texas Rules of Appellate Procedure. Finding the motion

complies with the requirements of rules 6.6 and 42.1(a), we vacate the judgment of the trial

court and remand for rendition of judgment in conformity with the parties’ agreement.

Having disposed of this appeal at the parties’ request, we will not entertain a motion

for rehearing and our mandate shall issue forthwith.

Per Curiam