Mark Bernhard v. City of Aransas Pass, Texas ( 2014 )

NUMBER 13-13-00354-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MARK BERNHARD, Appellant,
v.
CITY OF ARANSAS PASS, TEXAS, Appellee.
On appeal from the 343rd District Court
of San Patricio County, Texas.
ORDER
Before Justices Rodriguez, Garza and Benavides
Order Per Curiam
This Court issued an opinion in this case on July 17, 2014. See Bernhard v. City
of Aransas Pass, No. 13-13-00354-CV, 2014 WL 3541677, at *1 (Tex. App.—Corpus
Christi July 17, 2014, no pet.) (reversing and remanding the trial court’s order granting a
plea to the jurisdiction). Appellee, the City of Aransas Pass, Texas, filed a motion for
rehearing, and the Court requested that appellant, Mark Bernhard, file a response thereto.
The parties have now filed a joint motion to vacate judgment in aid of settlement.
According to the motion, the parties have reached an agreement to settle and
compromise their differences. They ask this Court to vacate its judgment of July 17,
2014, reinstate the trial court’s order granting the plea to the jurisdiction, and dismiss the
appeal pursuant to their agreement. See TEX. R. APP. P. 42.1(a)(2)(A).
The Court, having examined and fully considered the joint motion to vacate, is of
the opinion that it should be and is GRANTED. We vacate and withdraw the judgment
that we issued on July 17, 2014, however, the opinion previously issued in this cause will
not be withdrawn. See id. R. 42.1(a)(2)(A). We render judgment effectuating the
parties’ agreement. See id. We reinstate the trial court’s order of January 24, 2013
granting the plea to the jurisdiction filed by the City of Aransas Pass, Texas, and we
dismiss the appeal. Costs will be taxed against appellant. See id. R. 42.1(d) ("Absent
agreement of the parties, the court will tax costs against the appellant."). Given our
disposition of this matter, appellee’s motion for rehearing is DISMISSED as moot.
PER CURIAM
Delivered and filed the
24th day of September, 2014.
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