Afiltration.Com, Inc. v. EcoProduct Solutions, L.P. ( 2010 )

Opinion issued April 1, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00678-CV

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Afiltration.com, Inc., Appellant

V.

Ecoproducts Solutions, L.P., Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Case No. 2006-50312

MEMORANDUM OPINION

          Before this case was submitted, appellant Afiltration.Com., Inc. and appellee EcoProduct Solutions, L.P. filed a January 25, 2010 joint motion to set aside the portion of the trial court’s April 15, 2009 judgment as to Afiltration.Com., Inc. and EcoProduct Solutions, L.P. without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the January 25, 2010 agreement of Afiltration.Com., Inc. and EcoProduct Solutions, L.P.  See Tex. R. App. P. 42.1(a)(2)(B). Defendant Hoffland Environmental, Inc. did not appeal the trial court’s April 15, 2009 final judgment.

          Accordingly, we grant the motion and set aside the portion of the trial court’s April 15, 2009 judgment as to Afiltration.Com., Inc. and EcoProduct Solutions, L.P. without regard to the merits and remand the case to the trial court for further proceedings limited to rendition of judgment as to Afiltration.Com, Inc. and EcoProduct Solutions, L.P. in accordance with the parties’ January 25, 2010 agreement.  The portion of the trial court’s April 15, 2009 judgment between EcoProduct Solutions, L.P. and Hoffland Environmental, Inc., which was not appealed, remains a final judgment.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.