NUMBER 13-10-00311-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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SOUTHWEST GRAIN COMPANY, INC., Appellant,
v.
GRAIN CONTINENTAL, S.A. DE C.V., Appellee.
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On Appeal from the 370th District Court
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
This case is before the Court on a joint motion to set aside a portion of the trial
court’s judgment and to remand due to settlement between appellant, Southwest Grain
Company, Inc. and appellee, Grain Continental S.A. de C.V. The parties have reached an
agreement with regard to the disposition of the matters currently on appeal. Pursuant to
the agreement, the parties request this Court to set aside the portion of the trial court’s
judgment awarding relief to Grain Continental without regards to the merits, and remand
this case to the trial court for rendition of judgment in accordance with the agreement of
the parties.
The joint motion to set aside the portion of the trial court’s judgment awarding relief
to Grain Continental and remand is GRANTED. Accordingly, we set aside the portion of
the trial court’s judgment awarding relief to Grain Continental without regard to the merits,
and REMAND this case to the trial court for rendition of judgment in accordance with the
parties’ agreement. See TEX . R. APP . P. 42.1(a)(2)(B). Costs will be taxed against
appellant. See TEX . R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax
costs against the appellant.”). Other pending motions, if any, are DISMISSED AS MOOT.
PER CURIAM
Delivered and filed the
29th day of July, 2010.
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