Opinion issued April 15, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01–03–00731–CV
CHIARELLO INVESTMENTS, INC. AND DANIEL JERRY PETERSON, Appellants
V.
JOE SHIELDS, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 784998
MEMORANDUM OPINIONThe parties have filed a joint motion that we reverse the trial court judgment, render judgment that appellee Joe Shields take nothing, order the trial court to release a $4,000 supersedeas bond, tax costs against the party incurring same, and dismiss the appeal. However, if we reversed the trial court judgment and rendered judgment, the trial court would not have jurisdiction to order the supersedeas bond released. Accordingly, we reverse the trial court judgment and remand the case to the trial court for further proceedings. See Tex. R. App. P. 43.3(a); 43.2(d). We dismiss the appeal. Tex. R. App. P. 42.1(a)(2)(B); 43.2(f).
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, Keyes, and Higley.