NUMBERS 13-15-00172-CV & 13-15-00418-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
HEBLEN KANAN, Appellant,
v.
PLANTATION HOMEOWNER’S
ASSOCIATION INC., Appellee.
On Appeal & Petition for Writ of Mandamus
from the County Court at Law No. 1 of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Memorandum Opinion Per Curiam
By notice of appeal filed in our appellate cause number 13-15-00172-CV, appellant
Heblen Kanan challenged a December 24, 2014 judgment of contempt. Kanan, Pharr
Plantation Management Co., Ltd., and Pharr Plantation, Inc., also challenged this same
judgment of contempt by separate petition for writ of mandamus filed in our cause number
13-15-00418-CV. Currently before the Court is a “Joint Motion for Remand” filed by these
parties and appellee and real party in interest, Plantation Homeowners Association, Inc.
According to this motion, the parties jointly request that this Court issue an order setting
aside the December 24, 2014 judgment of contempt and remanding the case to the trial
court for further proceedings. The parties expect and intend to thereby resolve both the
appeal and the petition for writ of mandamus.
The Court, having examined and fully considered the “Joint Motion for Remand”
and the documents on file in the appeal and original proceeding, is of the opinion that the
parties’ motion should be granted. Accordingly, we GRANT the “Joint Motion for
Remand.” In cause number 13-15-00172-CV, we set aside the December 24, 2014
judgment without regard to the merits and we remand the case to the trial court for further
proceedings, including a new trial, pursuant to the parties’ agreement. See TEX. R. APP.
P. 42.1(a)(2)(B). In accordance with the agreement of the parties, costs will be taxed
against the party incurring same. See id. 42.1(d). Having so ruled in the appeal, we
DISMISS the original proceeding filed in our cause number 13-15-00418-CV as moot
without regard to the merits. All pending motions in the appeal and original proceeding
are likewise DISMISSED as moot without regard to the merits.
PER CURIAM
Delivered and filed the
5th day of October, 2015.
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