Guillermina Sandoval, Ogilver Sandoval and All Occupants v. American Pointe Realty, Ltd

Opinion

Opinion issued July 7, 2015

In The

Court of Appeals

For The

First District of Texas

42.1(a)(2)(A). On June 12, 2015, appellants filed an unopposed motion to dismiss their appeal with prejudice and seek to have the trial clerk expeditiously release the $6,225.00 in funds the appellants posted as security to the appellants and order the appellee, American Pointe Realty, Ltd., to pay appellants $4,275.00 within three business days of the entry of this Court’s judgment, in accordance with the parties’ Rule 6.6 agreement. See id.at 10.1(a)(5), 42.1(a)(2)(A). No other party has filed a notice of appeal and no opinion has issued. See id. at 42.1(a)(1), (c).

Accordingly, we grant the motion, construed as a motion to set aside the trial court’s judgment and render judgment effectuating the parties’ Rule 6.6 agreement, namely for the trial clerk to release the $6,225.00 in funds the appellants posted as security after receipt of the mandate and, within three business days of the entry of this Court’s judgment, for the appellee to pay appellants $4,275.00. See TEX. R. APP. P. 6.6, 42.1(a)(2)(A). We construe this motion to include a motion to expedite the mandate and direct the Clerk of this Court to issue the mandate within ten days of the date of this memorandum opinion. See id. at 18.1(c).

PER CURIAM

Panel consists of Justices Keyes, Huddle, and Lloyd

Footnotes

1. NO. 01-14-00988-CV ——————————— GUILLERMINA SANDOVAL AND OGILVER SANDOVAL, Appellants V. AMERICAN POINTE REALTY, LTD., Appellee On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1054737 MEMORANDUM OPINION On June 11, 2015, the parties filed an agreement stating that appellants, Guillermina Sandoval and Ogilver Sandoval, would file, within three business days, a motion to dismiss this appeal with prejudice and to render judgment effectuating the terms of the parties’ agreement. See TEX. R. APP. P. 6.6,