NO. 07-06-0293-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 21, 2006
______________________________
GARES CORP., APPELLANT
V.
S & D INVESTMENTS, L.L.C., APPELLEE
_________________________________
FROM THE 218TH DISTRICT COURT OF LA SALLE COUNTY;
NO. 04-07-00064-CVL; HONORABLE STELLA H. SAXON, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON JOINT MOTION TO EFFECTUATE SETTLEMENT AGREEMENT
Appellant, Gares Corporation (“Gares”), perfected an appeal from the trial court’s
order granting appellee’s, S & D Investments, L.L.C. (“S & D”), Amended Motion for
Enforcement of Judgment and Release of Lien and Motion for Sanctions and the trial
court’s supplemental order granting S & D’s Amended Motion for Enforcement of Judgment
and Release of Lien and Motion for Sanctions. The parties have filed a Joint Motion to
Effectuate Settlement Agreement asserting that the parties have reached a settlement
agreement. The joint motion requests that this court set aside the trial court’s judgment
without regard to the merits and remand the case to the trial court for rendition of a
judgment in accordance with the parties’ agreement. This disposition is authorized by rules
42.1 (a)(2)(B) and 43.2(d) of the Texas Rules of Appellate Procedure. Finding the motion
complies with the requirements of rules 6.6 and 42.1(a), we vacate the judgment of the trial
court and remand for rendition of judgment in conformity with the parties’ agreement.
Having disposed of this appeal at the parties’ request, we will not entertain a motion
for rehearing and our mandate shall issue forthwith.
Per Curiam
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