Patrick A. Onyenaucheya v. I-10 Barker Cypress, Ltd.

Opinion

Opinion issued November 10, 2011.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00816-CV

PATRICK A. ONYENAUCHEYA, Appellant

V.

I-10 BARKER CYPRESS, LTD., Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2010-27497

MEMORANDUM OPINION

          This is an appeal from a judgment signed August 27, 2010.  On September 6, 2011, the parties filed a joint motion to render judgment in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1.

          After due consideration, the Court grants the motion and renders the following judgment effectuating the parties’ agreement:

(a) The trial court’s judgment voiding the lien filing and granting a take nothing judgment on appellant’s counterclaim is affirmed.

(b) The trial court’s judgment awarding attorney’s fees is reversed and judgment rendered that appellee take nothing on its claim for attorney’s fees.

 (c) The trial court’s judgment awarding all taxable costs in the trial court to appellee is reversed, and judgment rendered that each party bear its own costs in the trial court.

We dismiss any other pending motions as moot.  The Clerk is directed to issue mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

                                                PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.