Guillermina Sandoval, Ogilver Sandoval and All Occupants v. American Pointe Realty, Ltd ( 2015 )

Opinion issued July 7, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00988-CV
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GUILLERMINA SANDOVAL AND OGILVER SANDOVAL, Appellants
V.
AMERICAN POINTE REALTY, LTD., Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1054737
MEMORANDUM OPINION
On June 11, 2015, the parties filed an agreement stating that appellants,
Guillermina Sandoval and Ogilver Sandoval, would file, within three business
days, a motion to dismiss this appeal with prejudice and to render judgment
effectuating the terms of the parties’ agreement. See TEX. R. APP. P. 6.6,
42.1(a)(2)(A). On June 12, 2015, appellants filed an unopposed motion to dismiss
their appeal with prejudice and seek to have the trial clerk expeditiously release the
$6,225.00 in funds the appellants posted as security to the appellants and order the
appellee, American Pointe Realty, Ltd., to pay appellants $4,275.00 within three
business days of the entry of this Court’s judgment, in accordance with the parties’
Rule 6.6 agreement. See id.at 10.1(a)(5), 42.1(a)(2)(A). No other party has filed a
notice of appeal and no opinion has issued. See id. at 42.1(a)(1), (c).
Accordingly, we grant the motion, construed as a motion to set aside the trial
court’s judgment and render judgment effectuating the parties’ Rule 6.6 agreement,
namely for the trial clerk to release the $6,225.00 in funds the appellants posted as
security after receipt of the mandate and, within three business days of the entry of
this Court’s judgment, for the appellee to pay appellants $4,275.00. See TEX. R.
APP. P. 6.6, 42.1(a)(2)(A). We construe this motion to include a motion to expedite
the mandate and direct the Clerk of this Court to issue the mandate within ten days
of the date of this memorandum opinion. See id. at 18.1(c).
PER CURIAM
Panel consists of Justices Keyes, Huddle, and Lloyd
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