City of Elsa v. Paul Garza D/B/A Paul Garza Roofing ( 2018 )


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  •                             NUMBER 13-18-00145-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    THE CITY OF ELSA,                                                          Appellant,
    v.
    PAUL GARZA D/B/A
    PAUL GARZA ROOFING,                                                       Appellees.
    On Appeal from the 93rd District Court
    of Hidalgo County, Texas.
    MEMORANDUM OPINION
    Before Justices Contreras, Longoria, and Hinojosa
    Memorandum Opinion by Justice Longoria
    Appellant, the City of Elsa, by and through its attorney, the Honorable David
    Campbell, has filed “Appellant’s Agreed Motion to Dismiss and Render Judgment”
    pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.
    42.1(a)(2). It asserts that the parties have settled and resolved their dispute and that
    they request that we (1) dismiss the appeal; (2) vacate the trial court’s order and dismiss
    the case, “including the underlying case”; and (3) tax court costs against the party
    incurring same. The Court, having examined and fully considered the agreed motion, is
    of the opinion that it should be granted in part and denied in part. We grant the motion
    insofar as we render judgment effectuating the parties’ agreement pursuant to Rule
    42.1(a)(2) and we vacate the trial court’s order and dismiss the underlying case. See
    
    id. We further
    tax costs against the party incurring same. We deny the motion insofar
    as the appellate rules do not allow us to both render judgment and dismiss the
    appeal. Compare TEX. R. APP. P. 42.1(a)(2) with 
    id. R. 42.1(a)(1).
    Having dismissed the
    case at appellant's request, no motion for rehearing will be entertained, and our mandate
    will issue forthwith. See 
    id. R. 43.2.
    NORA L. LONGORIA
    Justice
    Delivered and filed the
    6th day of September, 2018.
    2
    

Document Info

Docket Number: 13-18-00145-CV

Filed Date: 9/6/2018

Precedential Status: Precedential

Modified Date: 9/6/2018