Jim Harrison v. Carl Smith

Opinion issued July , 2009









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-09-00035-CV

____________


JIM HARRISON, Appellant


V.


JOSEPH HILL, TRUSTEE FOR THE BANKRUPTCY ESTATE OF KARYLANN AALBU, Appellee





On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2005-66683





MEMORANDUM OPINION

          The Court today considered the unopposed motion to set aside judgment and remand, in which appellant, Jim Harrison, requests this court to set aside the trial court’s judgment and remand the case to the trial court for entry of an agreed final judgment. We grant the motion as follows:

          (1)     We set aside the trial court’s judgment without regard to the merits. Tex. R. App. P. 42.1(a)(2)(B).

 

          (2)     We remand the case to the trial court to render judgment in accordance with the settlement agreement.

 

          (3)     All other pending motions are overruled as moot.

 

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

 

          (5)     Each party shall pay the costs he or it incurred by reason of this appeal. Tex. R. App. P. 42.1(d).


                                                   PER CURIAM

Panel consists of Justices Keyes, Hanks, Bland.