John Michael Duncan v. State ( 2011 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHN MICHAEL DUNCAN,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-10-00309-CV Appeal from the 126th Judicial District Court of Travis County, Texas (TC# D-1-GV-10-000555)

MEMORANDUM OPINION

            Pending before the Court is a joint motion for reversal and remand to effectuate settlement. See Tex.R.App.P. 42.1(a)(2). The motion is granted. The trial court’s garnishment judgment is reversed without regard to its merits, and the cause is remanded to the trial court for further proceedings in accordance with the parties’ settlement agreement. See Tex.R.App.P. 42.1(a)(2)(B). Costs of appeal are assessed against Appellant. See Tex.R.App.P. 42.1(d).

June 8, 2011

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Rivera, JJ.