Rising Stars Therapy Center, LLC v. Gilberto Iracheta, and Maria Iracheta Individually and as Next Friend of Emily Iracheta

• Court: Court of Appeals of Texas
• Decided: October 25, 2011
• Docket: 13-11-00581-CV
• Status: Published

Opinion

NUMBER 13-11-00581-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

RISING STARS THERAPY CENTER, LLC, Appellant,

v.

GILBERTO IRACHETA, AND MARIA IRACHETA INDIVIDUALLY AND AS NEXT FRIEND OF EMILY IRACHETA, Appellees. ____________________________________________________________

On Appeal from the 139th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the 139th District Court

of Hidalgo County, Texas in trial court cause number C-1446-11-C. Appellant has now

filed an unopposed motion for remand in aid of settlement. The Court, having examined

and fully considered the unopposed motion for remand, is of the opinion that the motion should be granted. Accordingly, we GRANT the motion for remand in aid of settlement.

We set aside the trial court’s order for turnover relief without regard to the merits, and we

remand the case to the trial court for rendition of judgment in accordance with the parties’

agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Pursuant to the agreement of the

parties, costs will be taxed against the party incurring the same. See id. R. 42.1(d)

("Absent agreement of the parties, the court will tax costs against the appellant.").

PER CURIAM

Delivered and filed the 25th day of October, 2011.