FIA Card Services, N.A. F/K/A MBNA America Bank, N.A. v. Catherine v. Alloggio

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-07-00222-CV FIA Card Services, N.A. f/k/a MBNA America Bank, N.A., Appellant v. Catherine V. Alloggio, Appellee FROM THE COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY NO. 8669-C, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING MEMORANDUM OPINION FIA Card Services, N.A. f/k/a MBNA America Bank, N.A., and Catherine V. Alloggio have filed an agreed motion to reverse, vacate, and remand the underlying judgment in this case. The agreed motion provides that upon remand, the parties will file mutual dismissals with prejudice. Accordingly, we grant the motion and set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(B). ____________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Waldrop Vacated and Remanded Filed: December 14, 2007