Mac Haik Ford, LTD v. Stephen McBay

• Court: Court of Appeals of Texas
• Decided: February 2, 2006
• Docket: 14-05-01000-CV
• Status: Published

Opinion

Vacated in Part and Remanded and Memorandum Opinion filed February 2, 2006

Vacated in Part and Remanded and Memorandum Opinion filed February 2, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01000-CV

MAC HAIK FORD, LTD., Appellant

V.

STEPHEN McBAY, Appellee

On Appeal from the County Civil Court at Law NO. 1

Harris County, Texas

Trial Court Cause No. 815988

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed August 25, 2005.  On November 3, 2005, this court ordered the parties to mediate the issues in the case.  On January 9, 2006, the court was notified that a settlement had been reached in mediation. 

On January 25, 2006, the parties filed a joint motion to vacate the judgment, in part, and remand the cause to the trial court for entry of a judgment in accordance with the parties= settlement agreement.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the judgment is vacated with respect to that portion of the judgment against Mac Haik Ford, Ltd. in favor of Stephen McBay.  Judgment was also rendered against John Newman, who did not appeal.  Accordingly, the remainder of the judgment against John Newman remains in effect.  The cause is remanded to the trial court for entry of a judgment dismissing with prejudice all claims and causes of action alleged by Stephen McBay against Mac Haik Ford, Ltd. and Mac Haik F.G. P., L.L.C., but retaining the judgment against John Newman.  Appellant and its surety or sureties are ordered released from liability on the supersedeas bond posted by appellant Mac Haik Ford, Ltd, and the bond is ordered released. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 2, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.