Teodora Mendiola and Jramco, Inc. D/B/A La Victoria Adult Day Care v. Nancy Moreno

• Court: Court of Appeals of Texas
• Decided: May 11, 2006
• Docket: 13-05-00357-CV
• Status: Published

Opinion

                             NUMBER 13-05-357-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

___________________________________________________________________

TEODORA MENDIOLA AND JRAMCO, INC.

D/B/A LA VICTORIA ADULT DAY CARE,                     Appellants,

                                           v.

NANCY MORENO,                                                     Appellee.

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                On appeal from County Court at Law No. 5

                           of Hidalgo County, Texas.

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                     MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Rodriguez and Garza

                             Memorandum Opinion Per Curiam

Appellants, TEODORA MENDIOLA AND JRAMCO, INC. D/B/A LA VICTORIA ADULT DAY CARE, perfected an appeal from a judgment entered by County Court at Law No. 5 of Hidalgo County, Texas, in cause number CI-37,961-E.   After the record and briefs were filed and after the cause was submitted to the Court, appellants parties filed a motion to set aside and remand.  In the motion, appellants state that the parties mediated this matter and have resolved their differences by reaching an agreement in the underlying matter.  Appellants request this Court to set aside the trial court=s final judgment signed March 4, 2005, without regard to the merits, and remand this case to the trial court for release of the supersedeas bond, release of the surety, release of the cash deposit made in lieu of bond, and for entry of judgment in accordance with the terms of the parties= settlement agreement.  Appellants further request that costs of appeal  be assessed against the party incurring same. 

The Court, having examined and fully considered the documents on file and  appellants= motion, is of the opinion that the motion should be granted.  The appellants= motion to set aside and remand is granted.  The judgment of the trial court is hereby REVERSED, and the cause is REMANDED to the trial court in accordance with the parties= settlement agreement.     

PER CURIAM

Memorandum Opinion delivered and

filed this the 11th day of May, 2006.