Mikey's Houses LLC v. Bank of America, N.A.

278 S.W.3d 927, 2009 Tex. App. LEXIS 2653, 2009 WL 976018

Opinions

JUDGMENT AND ORDER VACATING OPINION AND JUDGMENT, RECALLING MANDATE, AND ISSUING NEW MANDATE

TERRIE LIVINGSTON, Justice.

We have received the Supreme Court’s per curiam opinion delivered February 27, 2009 in them cause number 07-0901. In re Bank of Am., N.A., 278 S.W.3d 342 (Tex., 2009) (per curiam). In the opinion we were directed “to vacate and withdraw the opinion and judgment of May 3, 2007,” Mikey’s Houses LLC v. Bank of Am., N.A., 232 S.W.3d 145 (Tex.App.-Fort Worth 2007, no pet.), “and to reinstate the trial court order enforcing the parties’ jury waiver.” Bank of Am., 278 S.W.3d at 346. Therefore, we vacate our opinion and judgment of May 3, 2007 and reinstate the trial court’s order enforcing the parties’ jury waiver. We withdraw our prior opinion and judgment and substitute this judgment and order in their place. Furthermore, we recall our mandate previously issued on September 13, 2007 and hereby simultaneously issue our new mandate in conformity with the supreme court’s opinion and this new judgment and order. Tex.R.App. P. 18.6,18.7.

It is further ordered that appellants Mi-key’s Houses LLC, Helen L. Martin, and Joyce A. Powell shall equally bear all of the costs of this proceeding, for which let execution issue.

WALKER, J. filed a dissenting opinion.