Joel Castellanos v. Irma Aldape Rodriguez

 

 

 

 

 

 

                                       NUMBER 13-10-00582-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

 

 

JOEL CASTELLANOS,                                                                 Appellant,

 

                                                             v.

 

IRMA ALDAPE RODRIGUEZ,                                                        Appellee.

 

 

                        On appeal from County Court at Law No. 1

                                      of Cameron County, Texas.

 

 

                               MEMORANDUM OPINION

 

                            Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

 


This case is before the Court on a joint motion to set aside the court’s judgment without reference to the merits and to remand to the trial court to enter an agreed dismissal.  The parties have reached an agreement with regard to the disposition of the matters currently on appeal.  Pursuant to agreement, the parties request this Court to set aside, without regard to the merits, the trial court=s judgment and remand this case for entry of an agreed order of dismissal (costs taxed to the party incurring them) in accordance with the agreement of the parties.

The joint motion to set aside the trial court’s judgment and remand is GRANTED.  Accordingly, we set aside the trial court=s judgment without regard to the merits, and REMAND this case to the trial court for entry of an agreed order of dismissal (costs taxed to the party incurring them) in accordance with the parties= agreement.  See Tex. R. App. P. 42.1(a)(2)(B).  In accordance with the agreement of the parties, costs are taxed against the party incurring same.  See Tex. R. App. P. 42.1(d).  Any pending motions are dismissed as moot.

The parties also request immediate issuance of our mandate.  See Tex. R. App. P.18.1(c).  The motion is GRANTED.  We direct the Clerk of the Court to issue the mandate immediately.

 

PER CURIAM

Delivered and filed the

13th day of January, 2011.