Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP v. Valente Mendes

• Court: Court of Appeals of Texas
• Decided: March 10, 2011
• Docket: 11-10-00091-CV
• Status: Published

Opinion

Opinion filed March 10, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00091-CV

                GILBERT ARSIAGA, SUBSTITUTE TRUSTEE, AND

                                   BAC HOME LOANS SERVICING, LP

                                                                  V.

                                                   VALENTE MENDES

                                   On Appeal from the 161st District Court

                                                             Ector County, Texas

                                                  Trial Court Cause No. B-129,159

                                            M E M O R A N D U M    O P I N I O N

            Appellants, Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP, and appellee, Valente Mendes, have filed a joint motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(2).  In the motion, the parties state that they “have now reached an agreement to settle and compromise their differences in this appeal.  Specifically, the parties have agreed to bound [sic] by the Amended Temporary Orders entered by the trial court on June 7, 2010, thereby disposing of the arguments made the basis of this appeal.”  The parties further request the court to render judgment effectuating the parties’ agreement pursuant to Rule 42.1(a)(2)(A) by affirming the Amended Temporary Orders entered by the trial court on June 7, 2010, and remanding this case to the trial court for further proceedings. 

Therefore, in accordance with the parties’ request, we affirm the Amended Temporary Orders entered by the trial court on June 7, 2010, and remand this case to the trial court for further proceedings.

The joint motion to dismiss is granted, and the appeal is dismissed.

                                                                                    PER CURIAM

March 10, 2011

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.