I Cardio Corp., a Medical Corporation and I Cardio Corporation v. Guerra & Moore, Ltd., Llp

• Court: Court of Appeals of Texas
• Decided: December 29, 2009
• Docket: 13-09-00453-CV
• Status: Published

Opinion

NUMBER 13-09-00453-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

I CARDIO CORP., A MEDICAL CORPORATION AND I CARDIO CORPORATION, Appellant,

v.

GUERRA & MOORE, LTD., LLP, Appellee. _____________________________________________________________

On Appeal from the County Court at Law No. 4 of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam

This case is before the Court on a joint motion to set aside the trial court’s judgment

and remand to the trial court for rendition of judgment. The parties have reached an

agreement with regard to the disposition of the matters currently on appeal. Pursuant to agreement, the parties request this Court to set aside the trial court’s judgment without

regards to the merits, and remand this case to the trial court for rendition of a judgment in

accordance with the agreement of the parties.

The joint motion to set aside the trial court’s judgment and remand is GRANTED.

Accordingly, we set aside the trial court’s judgment without regard to the merits, and

REMAND this case to the trial court for rendition of judgment in accordance with the

parties’ agreement. See TEX . R. APP. P. 42.1(a)(2)(B). In accordance with the agreement

of the parties, costs are taxed against the party incurring same. See TEX . R. APP. P.

42.1(d).

The parties also ask that mandate issue concurrently with our opinion and judgment.

Rule of Appellate Procedure 18.1(c) authorizes the early issuance of mandate on the

motion of the parties. Tex. R. App. P. 18.1(c). We GRANT the joint motion.

PER CURIAM

Delivered and filed the 29th day of December, 2009.