Gulf Island Fabrication, Inc. and Gulf Island, L.L.C. v. Lucinda F. Flores ( 2011 )

NUMBER 13-10-00197-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
GULF ISLAND FABRICATION, INC. AND
GULF ISLAND, L.L.C., Appellants,
v.
LUCINDA F. FLORES, ET AL., Appellees.
____________________________________________________________
On appeal from the 156th District Court
of San Patricio County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam
Appellants, Gulf Island Fabrication, Inc. and Gulf Island, L.L.C., perfected an
appeal from a judgment entered by the 156th District Court of San Patricio County, Texas,
in cause number S-08-5392-CV-B. The parties have filed a joint motion to reverse the
judgment and remand to the district court on grounds that all matters in controversy
between them in this cause have been fully compromised and settled. The parties
request that we reverse the trial court’s judgment without regard to the merits and remand
the case for implementation of settlement.
The Court, having considered the documents on file and the joint motion to reverse
and remand, is of the opinion that the motion should be granted. See TEX. R. APP. P.
42.1(a). Accordingly, the joint motion is granted. We REVERSE the trial court=s
judgment without regard to the merits, and REMAND this case to the trial court for further
proceedings in accordance with the parties’ agreement. See TEX. R. APP. P.
42.1(a)(2)(B), 43.2(d).
Costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d) (“Absent
agreement of the parties, the court will tax costs against the appellant.”). Having
reversed the trial court’s judgment and remanded the case at the parties’ request, no
motion for rehearing will be entertained.
Furthermore, the parties request immediate issuance of our mandate. See TEX.
R. APP. P. 18.1(c). The motion is GRANTED. We direct the Clerk of the Court to issue
the mandate immediately. See id.
PER CURIAM
Delivered and filed the
16th day of June, 2011.
2