Samuel Reyna Montalvo and Danco Construction, Inc. v. Michelle Gibbons

• Court: Court of Appeals of Texas
• Decided: August 27, 2025
• Docket: 04-24-00413-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00413-CV

Samuel Reyna MONTALVO and Danco Construction, Inc., Appellants

v.

Michelle GIBBONS, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2020CI23307 Honorable Angelica Jimenez, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: August 27, 2025

REVERSED AND REMANDED

The parties in this case have filed a joint motion, stating that they have fully resolved and

settled all issues in dispute. The parties ask this court to reverse the judgment of the trial court and

to remand the case to the trial court for entry of an agreed judgment. The parties also request that

we order the mandate issued immediately. The motion is granted. As agreed by the parties, without

consideration of the merits, we reverse the trial court’s judgment and remand the case for entry of

a final judgment pursuant to the parties’ settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 04-24-00413-CV

43.2(d); Caballero v. Heart of Tex. Pizza, LLC, 70 S.W.3d 180, 181 (Tex. App.–San Antonio 2001,

no pet.). At the request of the parties, the costs of the appeal are to be taxed against the party who

incurred them. See TEX. R. APP. P. 42.1(d). All pending motions are denied as moot. The Clerk of

this court is directed to issue the mandate immediately upon issuance of this opinion and judgment.

See TEX. R. APP. P. 18.1(c).

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