the-vestcor-companies-inc-dba-bay-colony-apartments-vestcor-development ( 2006 )

Opinion issued February 16, 2006

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-00211-CV

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THE VESTCOR COMPANIES, INC. D/B/A BAY COLONY APARTMENTS; VESTCOR DEVELOPMENT CORPORATION, INC. D/B/A BAY COLONY APARTMENTS; BAY COLONY LIMITED PARTNERSHIP; AND CHARLENE ELDER D/B/A ALPHA-BARNES REAL ESTATE SERVICES, Appellants

V.

BRIAN AUZSTON, BRENDA DARTEZ BALE, CATHY BARB, BRIAN BORNE, ROXANNE CASAS, LELA CHANEY, CHARLOTTE DAVIS, CRYSTAL DAVIS, CLIFFORD DOUGLAS, SHANNAN FRAZIER, KIM GERMAN, YOLANDA HAMPTON, KELLY HAYES, SHERYL HILL, WILLIAM CHAD HUNT, TONYA LAYMANCE, LASHONDA LEMONS, CYNTHIA MATAMOROS, JACQUELINE POMIER, BRENDA RODRIGUEZ, PRISELLA SMITH, SANDRA SNIDER, LISA ANN SWANSON, TRACY WADE, AMANDA WILLIAMS, AND DEDRA WILLIAMS, Appellees

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On Appeal from the 122nd District Court

Galveston County, Texas

Trial Court Cause No.02CV0305

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MEMORANDUM OPINION

          Appellants The Vestcor Companies, Inc. d/b/a Bay Colony Apartments; Vestcor Development Corporation, Inc. d/b/a Bay Colony Apartments; and Bay Colony Limited Partnership (hereafter referred to as “Vestcor”); have filed a joint motion to reverse and remand the cause pursuant to settlement and to release appellants’ surety from its obligation on the supersedeas bond. By interlocutory order, dated December 1, 2005, this Court granted appellant Charlene Elder d/b/a Alpha-Barnes Real Estate Services’ motion to dismiss her part of the appeal. No opinion has issued.

          To effectuate the settlement agreement between Vestcor and the appellees, pursuant to Texas Rule of Appellate Procedure 42.1(2)(B), we set aside the portions of the trial court’s November 24, 2004 final judgment pertaining to Vestcor and remand the cause to the trial court for rendition of judgment in accordance with the parties’ agreement.

          It is further ORDERED that Fidelity and Deposit Insurance Company of Maryland, as surety, be released from its obligations on the supersedeas bond approved by the trial court on March 9, 2005.

          We take no action regarding the portions of the trial court’s November 24, 2004 final judgment pertaining to appellant Charlene Elder d/b/a Alpha-Barnes Real Estate Services. Our December 1, 2005 order granting Charlene Elder d/b/a Alpha-Barnes Real Estate Service’s unopposed motion to dismiss is merged into and becomes final in our judgment issued contemporaneously with this opinion.

PER CURIAM

Panel consists of Justices Taft, Higley and Bland.