Southern Methodist University v. Rio Brazos Energy Co.

Opinion

NO. 12-15-00117-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SOUTHERN METHODIST § APPEAL FROM THE 294TH UNIVERSITY, APPELLANT

V. § JUDICIAL DISTRICT COURT

RIO BRAZOS ENERGY CO., APPELLEE § VAN ZANDT COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

The parties have filed a joint motion in which they ask this court to set aside the judgment of the trial court without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

After considering the parties’ joint motion, the court is of the opinion that it should be granted. Accordingly, we grant the motion, 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 the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The parties do not specify how appellate costs are to be taxed. Therefore, costs are taxed against Appellant. See TEX. R. APP. P. 42.1(d). Opinion delivered July 22, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 22, 2015

NO. 12-15-00117-CV

SOUTHERN METHODIST UNIVERSITY, Appellant

V.

RIO BRAZOS ENERGY CO.,

Appellee

Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 10-00927)

THIS CAUSE came on to be heard on the joint motion to set aside the judgment of the trial court without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ settlement agreement, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to set aside the trial court’s judgment without regard to the merits be granted, the trial court’s judgment be, and hereby is, set aside, and the case is remanded to the trial court for rendition of judgment in accordance with the parties’ agreement. It is further ORDERED, ADJUDGED and DECRED that all costs of this appeal are hereby adjudged against the appellant, SOUTHERN METHODIST UNIVERSITY, for which execution may issue, and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.