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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