COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JACOB P. VIGIL, M.D., )
)
Appellant, ) No. 08-05-00336-CV
)
v. ) Appeal from the
)
SALVADOR MONTERO, Indivdually And As ) 34th District Court
Administrator Of The Estate of SARA )
MONTERO, Deceased, And On Behalf Of All ) of El Paso County, Texas
Statutory Wrongful Death Beneficiaries of )
SARA MONTER, Deceased, ) (TC# 98-1293)
)
Appellees. )
O P I N I O N
Pending before the Court is a joint motion to remand, requesting that this
Court remand the case to the trial court for rendition of judgment in accordance with the parties= compromise and settlement agreement. See Tex.R.App.P. 42.1(a)(2)(B).
On October 18, 2005, this Court referred the parties to mediation pursuant to Tex.Civ.Prac.&Rem.Code Ann. ' 154.021, et. seq. A mediation was held on November 22, 2005, but the case did not settled during the mediation. However, the parties represent that since mediation, the parties have continued discussions and negotiations of the matter and have now reached an agreement compromising and settling the underlying claim. The Court has considered this cause on the parties= motion and concludes the motion should be GRANTED.
Accordingly, we set aside the trial court=s judgment without regard to the merits and remand this cause to the trial court for rendition of judgment in accordance with the parties= compromise and settlement agreement.
April 13, 2006
DAVID WELLINGTON CHEW, Justice
Before Barajas, C.J., McClure, and Chew, JJ.