Tarantino Properties, Inc v. Samuel Bonilla

• Court: Court of Appeals of Texas
• Decided: July 11, 2023
• Docket: 01-23-00169-CV
• Status: Published

Opinion

Opinion issued July 11, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00169-CV ——————————— TARANTINO PROPERTIES, INC., Appellant V. SAMUEL BONILLA, Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2017-71801

MEMORANDUM OPINION

On March 6, 2023, appellant, Tarantino Properties, Inc., filed a notice of

appeal from the trial court’s December 7, 2022 final judgment in favor of appellee,

Samuel Bonilla. On June 27, 2023, the parties, representing that they had “settled the case,” filed a “Joint Motion to Set Aside Trial Court’s Judgment, Release

Supersedeas Bond, and Dismiss Appeal.”

In their motion, the parties stated that they had reached an agreement in which

appellee “agreed to release all claims against” appellant, and therefore “jointly

request[ed] that this Court dismiss this appeal, set aside the trial court’s judgment

without regard to the merits, and remand the case to the trial court with instructions

to release [appellant] and its surety from the Supersedeas Bond filed on December

27, 2022.” See TEX. R. APP. P. 42.1(a)(2)(A), (B). The parties’ motion further stated

that “[c]osts on appeal should be taxed against the party who incurred the same.”

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c).

Accordingly, we grant the parties’ motion, dismiss the appeal, 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, including

the release of appellant and its surety from the Supersedeas Bond filed on December

27, 2022. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We direct the Clerk of this

Court that costs are to be taxed against the party incurring the same. See TEX. R.

APP. P. 42.1. We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.