Moid Khan A/K/A Michael Khan and Truck Stop Investments, Inc. v. Alexander Oil Company

• Court: Court of Appeals of Texas
• Decided: November 30, 2006
• Docket: 14-06-00561-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 30, 2006

Dismissed and Memorandum Opinion filed November 30, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00561-CV

MOID KHAN A/K/A MICHAEL KHAN AND

TRUCK STOP INVESTMENTS, INC., Appellants

V.

ALEXANDER OIL COMPANY, Appellees

On Appeal from County Civil Court at Law No. 4

 Harris County, Texas

Trial Court Cause No. 826,418

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 March 22, 2006.  On November 20, 2006, the parties filed a joint motion to reverse the trial court=s judgment and enter a take-nothing judgment.  This court may not enter the type of judgment requested by the parties.  See Tex. R. App. P. 43.2. In this situation, the appellate court must reverse the trial court's judgment and remand the case to the trial court for entry of judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 43.2(d).

Accordingly, we grant the parties' request to reverse the trial court's judgment, but we remand the case to the trial court for further action. The judgment is reversed and the cause remanded to the trial court for entry of judgment in accordance with the parties' settlement agreement.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 30, 2006.

Panel consists of Justices Fowler, Edelman, and Frost.