Ruiz and Sons, Inc., Sergio Ruiz D/B/A Ruiz and Sons, Inc., and Nick Ruiz D/B/A Ruiz and Sons, Inc. v. Terry Baker

• Court: Court of Appeals of Texas
• Decided: February 22, 2006
• Docket: 04-05-00840-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00840-CV

RUIZ AND SONS, INC., Sergio Ruiz d/b/a Ruiz and Sons, Inc.,

and Nick Ruiz d/b/a Ruiz and Sons, Inc.,

Appellant

v.

Terry BAKER,

Appellee

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-17292

Honorable Karen H. Pozza, Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed:   February 22, 2006

REVERSED AND RENDERED

            The parties have filed a joint motion to reverse the trial court’s judgment and to render judgment that appellee take nothing. The parties state that they have settled their dispute and have agreed to the disposition sought from this court. In Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.), this court adopted “a more liberal interpretation of the power inherent in this court to dismiss [an] appeal in accordance with the parties’ intentions.” Accordingly, we grant the motion, reverse the trial court’s judgment, and render judgment that appellee take nothing by his suit. See Tex. R. App. P. 42.1(a)(2)(A); Delgado v. Segura, No. 04-02-00927-CV, 2004 WL 199266 (Tex. App.—San Antonio Feb. 4, 2004, no pet.). Costs of appeal are taxed against the parties who incurred them.