Stallion Production Services, L.P. v. Lloyd Kulik

Opinion

NUMBER 13-19-00615-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

STALLION PRODUCTION SERVICES, L.P., Appellant,

v.

LLOYD KULIK, Appellee.

On appeal from the 24th District Court of DeWitt County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Perkes

Appellant Stallion Production Services, L.P. perfected an appeal from a judgment

entered by the 24th District Court of DeWitt County, Texas, in trial court cause number

17-04-24,142. Appellant and appellee Lloyd Kulik have now filed a joint motion to vacate and

remand pursuant to settlement. The motion states the parties have “pursued negotiations”

and “executed final settlement papers” with regard to the disposition of the matters

currently on appeal. The parties request that this Court vacate the trial court’s judgment

without regards to the merits, remand this case to the trial court for rendition of a judgment

in accordance with the agreement of the parties, and discharge the surety from liability

under the supersedeas bond filed in trial court. The parties’ motion complies with Texas

Rule of Appellate Procedure 42.1. See TEX. R. APP. P. 42.1(a)(2).

Accordingly, the parties’ joint motion is GRANTED. We hereby VACATE the trial

court’s judgment without regard to the merits, DISMISS this appeal, and REMAND the

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

See id. R. 42.1(a)(2)(B), 43.2(e). The supersedeas bond filed by Western Surety

Company is released and all obligations thereon are discharged. Further, in accordance

with the agreement of the parties, costs are taxed against the party incurring same. See

id. R. 42.1(d). Having dismissed the appeal at the parties’ request, no motion for rehearing

will be entertained, and our mandate will issue forthwith.

GREGORY T. PERKES Justice

Delivered and filed the 10th day of December, 2020.