Advanced Design Systems v. Michael Misitigh ( 2005 )

Opinion issued February 24, 2005

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-04-00141-CV

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ADVANCED DESIGN SYSTEMS, INC., Appellant

V.

MICHAEL MISITIGH, Appellee

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On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 01CV0550

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MEMORANDUM OPINION

          The Court today considered the parties’ agreed motion to vacate the trial court’s final judgment and for remand, in which they request this Court to remand the case to the trial court for entry of an agreed final judgment. The motion is granted as follows:

          (1)     The trial court’s judgment is set aside without regard to the merits. Tex. R. App. P. 42.1(a)(2)(B).  

          (2)     The case is remanded to the trial court for rendition of judgment in accordance with the parties’ settlement agreement.

          (3)     All other pending motions are overruled as moot.

          (4)     The Clerk of this Court is directed to issue mandate 10 days after the date of this opinion. Tex. R. App. P. 18.1.

          (5)     Each party shall pay the costs they incurred by reason of this appeal.

                                                   PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.