Raymond Trent Peterek v. State

                           NUMBER 13-12-00332-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

SAN JACINTO TITLE SERVICES OF
RIO GRANDE VALLEY, LLC,                                              APPELLANT,

                                         v.

POCO MAS, LTD AND POCO MAS GRANDE, LTD.,         APPELLEES.
____________________________________________________________

              On appeal from the 92nd District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
          Before Chief Justice Valdez and Justices Garza and Vela
                     Memorandum Opinion Per Curiam

      The parties to this appeal have filed a joint motion to dismiss pursuant to

settlement. The parties request this Court enter judgment vacating the trial court’s

judgment and dismissing the cause with prejudice. The Court has considered the motion

and it is the Court=s opinion that the motion should be GRANTED IN PART AND DENIED
IN PART.1 Accordingly, without regard to the merits, we VACATE the judgment as to

appellant, San Jacinto Title Services of Rio Grande Valley, LLC2, and REMAND the case

to the trial court for rendition of judgment in accordance with the parties= settlement

agreement.          See TEX. R. APP. P. 42.1(a)(2)(B); 43.2(d).                    In accordance with the

agreement of the parties, costs are taxed against the party incurring same. See TEX. R.

APP. P. 42.1(d).



                                                               PER CURIAM

Delivered and filed the
29th day of August, 2012.




        1
            Rule 42.1(a)(2) permits the Court to render judgment effectuating the parties= agreements or to vacate
the trial court=s judgment and remand the case to the trial court for rendition of judgment in accordance with the
agreement; we cannot do both. See TEX. R. APP. P. 42.1(a)(2)(A),(B).

        2
            Britt Massie did not perfect an appeal. Therefore, the judgment against Britt Massie and in favor of San
Jacinto Title Services of Rio Grande Valley, LLC remains in full force and effect.



                                                          2