PepsiCo, Inc. v. Alert Services, Inc.

• Court: Court of Appeals of Texas
• Decided: April 17, 2024
• Docket: 04-23-00775-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00775-CV

PEPSICO, INC., Appellant

v.

ALERT SERVICES, INC., Appellee

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-22292 Honorable Norma Gonzales, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: April 17, 2024

AGREED MOTION GRANTED; APPEAL DISMISSED

The parties have filed an agreed motion stating they have reached a settlement agreement.

In the agreed motion, the parties ask us to set aside the trial court’s judgment without regard to the

merits and remand the case to the trial court for rendition of judgment in accordance with their

settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The parties further state they have agreed

to the issuance of the mandate concurrently with our judgment. See id. R. 18.1(c).

We grant the parties’ agreed motion, set aside the trial court’s judgment without regard to

the merits, remand the case to the trial court for rendition of judgment in accordance with the 04-23-00775-CV

parties’ settlement agreement, and dismiss the appeal. See id. R. 43.2(d),(f). We direct the clerk of

this court to issue the mandate concurrently with our judgment. See id. R. 18.1(c).

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