Pedro Cornejo and Jamal A. Asafi v. Alberto Gonzalez

Opinion issued May 29, 2009












In The

Court of Appeals

For The

First District of Texas


____________


NO. 01-07-00879-CV

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PEDRO CORNEJO and JAMAL A. ASAFI,

Appellants


V.


ALBERTO GONZALEZ,

Appellee





On Appeal from 280th District Court

Harris County, Texas

Trial Court Cause No. 2006-11162




 

SUPPLEMENTAL MEMORANDUM OPINION

 

                Appellants, Pedro Cornejo and Jamal A. Asafi, and appellee, Alberto Gonzalez, have notified this Court that the parties have reached a settlement and have filed an “Agreed Motion to Render Agreed Settlement.” The parties request this Court, “in accordance [with] Rule 42[.1](a)(2), and in conformity with the parties[’] agreement,” to vacate its opinion of April 30, 2009, to order that costs be paid by the party incurring them, to vacate the judgment of the trial court, and to remand the cause to the trial court with instructions to dismiss the case with prejudice and to order that each party pay its own costs. See Tex. R. App. P. 42.1(a)(2).

               We grant the motion in part. We vacate our judgment of April 30, 2009, and issue a new judgment this day, reversing the trial court’s judgment and remanding the cause to the trial court with instructions to dismiss the case with prejudice and to order that each party pay its own costs. The Court further orders that costs on appeal be paid by the party incurring the same. All other relief requested is denied, including the request to withdraw our memorandum opinion of April 30, 2009.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.