Members Choice Credit Union v. Bakenhus Electric, Company, Inc.

Opinion issued August 12, 2005










In The

Court of Appeals

For The

First District of Texas





NO. 01-05-00525-CV





MEMBERS CHOICE CREDIT UNION, Appellant


V.


BAKENHUS ELECTRIC COMPANY, INC., Appellee





On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2000-13723A





MEMORANDUM OPINION


          The Court today considered the parties’ “Joint Motion to Dismiss,” in which they request that we vacate the trial court’s final judgment without regard to the merits and dismiss the case, with appellate costs to be assessed to appellant, pursuant to their settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A); id. 42.1(d); see also Tex. R. App. P. 43.2(e). The motion is granted as follows:

          A.      The trial court’s judgment is vacated without regard to the merits. See Tex. R. App. P. 42.1(a)(2)(A); see also Tex. R. App. P. 43.2(d).

 

          B.      The appeal is dismissed. See id.

 

          C.      All other pending motions are overruled as moot.

 

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

 

          E.      Appellant shall pay all costs incurred by reason of this appeal. Tex. R. App. P. 42.1(d).


                                                   PER CURIAM

Panel Consists of Justices Taft, Alcala, and Higley.