Yoko Hirose v. United Surgery Center Southeast

Opinion issued April 15, 2004









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00864-CV

____________


YOKO HIROSE, Appellant


V.


UNITED SURGERY CENTER-SOUTHEAST, Appellee





On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2002-43352





MEMORANDUM OPINION

          The parties have filed a joint motion to vacate the trial court’s final summary judgment signed June 17, 2003. No opinion has issued. Accordingly, the motion is granted.

          We set aside the trial court’s June 17, 2003 final summary judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the terms of the parties’ settlement.

          We dismiss the appeal.

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Keyes.