Nury Chapa v. Tony Gullo Motors I, L.P. and Brien Garcia ( 2007 )

In The Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-568 CV ____________________

NURY CHAPA, Appellant

V.

TONY GULLO MOTORS I, L.P. and BRIEN GARCIA, Appellees

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On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 02-08-05341

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MEMORANDUM OPINION ⁽¹⁾

The appellant, Nury Chapa, and the appellees, Tony Gullo Motors I, L.P. and Brien Garcia, filed a joint motion to vacate and remand. The parties ask this Court to vacate the judgment of the trial court and remand the cause to the trial court with instructions to dismiss the case with prejudice, in accordance with the parties' settlement agreement. The motion meets the requirements for agreed disposition of civil appeals. See Tex. R. App. P. 42.1(a)(2)(B). We vacate the judgment of the trial court and remand the cause to the trial court with instructions to dismiss the case with prejudice. Costs shall be assessed against the incurring party.

VACATED AND REMANDED.

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DAVID GAULTNEY

Justice

Submitted September 20, 2007

Opinion Delivered December 6, 2007

Before McKeithen, C.J., Gaultney, and Kreger, JJ.

1. By order of August 30, 2007, we withdrew our opinion of July 26, 2007 and resubmitted the cause. We now substitute this opinion remanding the cause.