Synithia D. Harvey and God Did It Enterprises, AKA GDI Enterprises v. the Village Life Center Texas, LLC

• Court: Court of Appeals of Texas
• Decided: December 5, 2024
• Docket: 01-24-00713-CV
• Status: Published

Opinion

Opinion issued December 5, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00713-CV ——————————— SYNITHIA D. HARVEY AND GOD DID IT ENTERPRISES CORP. A/K/A GDI ENTERPRISES, Appellants V. THE VILLAGE LIFE CENTER TEXAS, LLC, Appellee

On Appeal from the 190th District Court Harris County, Texas Trial Court Case No. 2020-29484

MEMORANDUM OPINION

This is an appeal from a Final Judgment signed on July 3, 2024, Final

Judgment Nunc Pro Tunc signed on August 22, 2024, and Order Denying

[Appellants’] Omnibus Post-Verdict Motions signed on August 19, 2024. The parties have filed a Joint Motion to Set Aside Judgment and Remand

(“Joint Motion”) in this Court requesting we “set aside the trial court’s judgment

without regard to the merits and remand the case to the trial court for entry of a

judgment in accordance with the parties’ agreement.” See TEX. R. APP. P.

42.1(a)(2)(B) (authorizing such relief); Stampede TX Energy, LLC v. Bridgetex

Pipeline Co., No. 01-18-00113-CV, 2019 WL 758003, at *1 (Tex. App.—Houston

[1st Dist.] Feb. 21, 2019, no pet.) (mem. op.) (granting joint motion to dismiss

appeal, setting aside trial court’s judgment without regard to merits, and remanding

to trial court for rendition of judgment); Correct Checks, Inc. v. Carew, No. 01-12-

00128-CV, 2012 WL 2159365, at *1 (Tex. App.—Houston [1st Dist.] June 14, 2012,

no pet.) (mem. op.) (same). The parties assert that “[u]pon remand, []Appellee will

take a non-suit, resulting in a judgment of dismissal.” No opinion has issued in this

appeal. See TEX. R. APP. P. 42.1(c).

We grant the parties’ Joint Motion. We set aside the trial court’s judgment

without regard to the merits and remand the case to the trial court for entry of a

judgment in accordance with the parties’ agreement. See TEX. R. APP. P.

42.1(a)(2)(B), 43.2(f).

2 We lift the stay issued on November 14, 2024, and deny any other pending

motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.