Specialty Tires of America, Inc. v. Elio Viramontes

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SPECIALTY TIRES OF AMERICA, INC.,

Appellant,



v.



ELIO VIRAMONTES,



Appellee.

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No. 08-09-00152-CV

Appeal from the



346th District Court



of El Paso County, Texas



(TC# 2005-1364)

MEMORANDUM OPINION

Pending before the Court is a joint motion to set aside the trial court's judgment and remand for entry of an agreed judgment pursuant to Tex. R. App. P. 42.1(a)(2). The motion is granted. We therefore set aside the trial court's judgment without regard to the merits and remand the cause to the trial court for rendition of judgment in accordance with the parties' agreement. We further order costs be assessed against the party incurring same.



GUADALUPE RIVERA, Justice



October 7, 2009



Before Chew, C.J., McClure, and Rivera, JJ.