Kodiak Products Co., Inc. v. Charles H. Deegear, Jr. and Deemaxx Components, Inc. ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00422-CV
KODIAK PRODUCTS CO., INC. APPELLANT
V.
CHARLES H. DEEGEAR, JR. AND APPELLEES
DEEMAXX COMPONENTS, INC.
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FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 236-252084-11
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MEMORANDUM OPINION1 AND JUDGMENT
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We have considered the parties’ first amended agreed motion for remand
for rendition of judgment pursuant to rule of appellate procedure 42.1(a)(2)(B).
See Tex. R. App. P. 42.1(a)(2)(B). It is the court’s opinion that the motion should
be and is granted. Accordingly, we withdraw our judgment dated June 4, 2015,
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See Tex. R. App. P. 47.4.
set aside the trial court’s September 12, 2013 “Second Amended Final
Judgment” without regard to the merits, and remand this case to the trial court to
render judgment by signing the parties’ “Agreed Final Judgment” in the form
attached as Exhibit A to the parties’ first amended agreed motion for remand for
rendition of judgment. See id.
In accordance with the parties’ agreement, costs of this appeal shall be
paid by the party incurring same, see Tex. R. App. P. 42.1(d), and mandate shall
be issued immediately, see Tex. R. App. P. 18.1(c).
“Appellees’ Motion for Rehearing” and “Appellant Kodiak Products Co.,
Inc.’s Motion for Rehearing” are denied as moot.
/s/ Anne Gardner
ANNE GARDNER
JUSTICE
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DELIVERED: August 28, 2015
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