American Golf Corp. D/B/A Sweetwater Country Club v. James R. Allen, Robert A. Trevino & Richard E. Talbot ( 2004 )

Opinion issued March 4, 2004

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-00760-CV

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AMERICAN GOLF CORPORATION AND SUGARLAND PROPERTIES INCORPORATED D/B/A SWEETWATER COUNTRY CLUB, Appellant

V.

JAMES ROBERT ALLEN, ROBERT ALLEN TREVINO, AND RICHARD E. TALBOT, Appellees

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On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 113,959

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MEMORANDUM OPINION

          Appellant and appellee request this Court to vacate the trial court’s judgment and render judgment pursuant to their settlement agreement. We grant the motion in part and deny it in part.

          We set aside the trial court’s judgment signed April 15, 2003, and remand the case to the trial court for rendition of judgment consistent with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B).

          Appellant and its surety are discharged from their liability on their supersedeas bond filed in the court below on July 23, 2003.

          We dismiss this appeal with prejudice to its refiling and order each party to bear the costs incurred by them.

          The Clerk is ordered to issue mandate immediately.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.