Roderick Sanchez, in His Official Capacity as Director, Development Services Department, City of San Antonio, and Development Services Department, City of San Antonio v. Board of Adjustment for the City of San Antonio and Map Industries, LLC D/B/A U-Pull-It ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00025-CV
Roderick SANCHEZ, In His Official Capacity as Director, Development Services Department,
City of San Antonio, and Development Services Department, City of San Antonio,
Appellants
v.
BOARD OF ADJUSTMENT FOR THE CITY OF SAN ANTONIO and
Map Industries, L.L.C. d/b/a U-Pull It,
Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-02439
Honorable Peter A. Sakai, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: December 12, 2018
JOINT MOTION TO ENTER AGREED JUDGMENT REVERSING IN PART GRANTED;
AFFIRMED IN PART AND REVERSED AND RENDERED IN PART
After a bench trial, the trial court rendered a final judgment in favor of appellees. The final
judgment included an award of attorney’s fees to Map Industries, L.L.C. d/b/a U-Pull It. Following
rendition of judgment, appellants filed this appeal. After the clerk’s and reporter’s records were
filed, appellants filed their brief. Thereafter, the parties entered into settlement negotiations and
asked this court to abate the appeal pending completion of the settlement. We granted the
04-18-00025-CV
requested abatement and ordered appellants to file a status report or dispositive motion once the
settlement was complete.
In accordance with our order, on December 3, 2018, the parties filed an agreed motion in
which they advise that they have reached a settlement pursuant to which appellants have “agreed
to forego pursuit of an appeal” if Map Industries, L.L.C. d/b/a U-Pull It “would forego any
recovery of attorney’s fees.” As a result of these terms, the parties ask this court to reverse the
portion of the trial court’s judgment with regard to the award of attorney’s fees and render
judgment that Map Industries, L.L.C. d/b/a U-Pull It take nothing on its claim for attorney’s fees.
Based on the parties’ motion and the language therein, the remainder of the trial court’s judgment
would be affirmed. The parties have also agreed that costs should be taxed against the party
incurring same, and ask that this court expedite this matter and direct the clerk of the court to
immediately issue this court’s mandate.
After review, we grant the parties’ joint motion, reverse the portion of the trial court’s
judgment awarding attorney’s fees to Map Industries, L.L.C. d/b/a U-Pull It, render judgment that
Map Industries, L.L.C. d/b/a U-Pull It take nothing with regard to its claim for attorney’s fees, and
affirm the remainder of the judgment. See TEX. R. APP. P. 42.1(2)(A); id. R. 43.2(c). We order
that costs are to be taxed against the party incurring same. See id. R. 42.1(d). We further order
the clerk of this court to issue this court’s mandate immediately. See id. R. 18.1(c).
PER CURIAM
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