Llano Royalty, Ltd. v. Charlie Cummings and Jo Cummings ( 2009 )

NO. 07-08-0262-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

MAY 12, 2009

______________________________

LLANO ROYALTY, LTD., APPELLANT

V.

CHARLIE CUMMINGS, APPELLEE

_________________________________

FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NO. 94,302-A; HONORABLE HAL MINER, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

          This case involves a dispute over the status of an oil and gas lease. The trial court entered a judgment in favor of Appellee, Charlie Cummings, that the lease had terminated and also awarded attorney’s fees. Appellant, Llano Royalty, Ltd., perfected this appeal. Prior to submission of the merits of the appeal Llano Royalty, Ltd. and Charlie Cummings filed a Joint Motion to Remand. By the motion, the parties represent they have reached an agreement to settle and compromise their differences. They request this Court set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with their agreement.

          To accord the trial court with jurisdiction to accomplish the relief requested by the parties and effectuate the settlement agreement, we grant the motion and, without passing on the merits of the appeal, set aside the trial court’s judgment and remand the cause for further proceedings. See Tex. R. App. P. 42.1(a)(2)(B). See also Sutton v. Horseshoe Hills, Ltd., 278 S.W.3d 923 (Tex.App.–Houston [14th Dist. 2009, no pet.); Vigil v. Montero, 225 S.W.3d 271 (Tex.App.–El Paso 2006, no pet.). Pursuant to the motion, costs are taxed against the party by whom incurred. Having set aside the judgment at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

                                                                           Patrick A. Pirtle

                                                                                 Justice

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NO. 07-10-0192-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

AUGUST 11, 2010

______________________________

OLIVIA REYES TIENDA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2009-422,182; HONORABLE CECIL G. PURYEAR, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER ON MOTION TO REINSTATE APPEAL

            Following a plea of not guilty, Appellant, Olivia Reyes Tienda, was convicted of credit card or debit card abuse, a state jail felony.^[1]  Punishment was assessed at twenty-four months confinement.  By this accelerated appeal, Appellant is challenging the trial court's order denying her bail pending appeal.^[2]  By opinion dated July 19, 2010, this Court dismissed this appeal as moot after having dismissed Appellant's direct appeal for an untimely filed notice of appeal.  See Tienda v. State, No. 07-10-0257-CR.  We now grant the motion and reinstate this appeal, withdraw our opinion and judgment of July 19, 2010, and issue the following order.

It having come to the attention of this Court that Appellant did file a Motion for New Trial making her notice of appeal in Cause Number 07-10-027-CR timely, by order dated this same date, we reinstated Appellant's direct appeal.  We now reinstate this accelerated appeal from the trial court' order denying bail.  The record has been filed and Appellant's brief was filed on June 30, 2010.  The court hereby sua sponte grants the State an extension of time in which to file its brief to August 23, 2010.

It is so ordered.

                                                                        Per Curiam

Do not publish.

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^[1]Tex. Penal Code Ann. § 32.31 (Vernon Supp. 2009).

^[2] Tex. Code Crim. Proc. Ann. art. 44.04(c) (Vernon 2006).