Prostar Water, Inc. DBA Texas Water Solutions v. Transparen DBA 7911955 Canada, Inc.

NUMBER 13-17-00228-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
PROSTAR WATER, INC. DBA
TEXAS WATER SOLUTIONS, Appellant,
v.
TRANSPAREN DBA 7911955
CANADA, INC., Appellee.
On appeal from County at Law No. Two
of Hays County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Longoria
ProStar Water Inc. d/b/a Texas Water Solutions filed a notice of appeal from a
judgment rendered on November 15, 2016 in trial court cause number 16-0364-C in the
County Court at Law No. Two of Hays County, Texas. The appeal was transferred to
this Court from the Third Court of Appeals by order of the Texas Supreme Court. See
TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw through 2017 1st C.S.) (delineating
the jurisdiction of appellate courts); TEX.GOV'T CODE ANN. § 73.001 (West, Westlaw
through 2017 1st C.S.) (granting the supreme court the authority to transfer cases from
one court of appeals to another at any time that there is “good cause” for the transfer).
The parties have now filed an agreed motion to remand this case to the trial court for
effectuation of a settlement agreement.
We GRANT the agreed motion. We REVERSE the judgment of the trial court,
without reference to the merits, and REMAND this case to the trial court for proceedings
in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B),
43.2(d),(e). In accordance with the agreement of the parties, costs are taxed against the
party incurring same. See id. R. 42.1(d) (“Absent agreement of the parties, the court will
tax costs against the appellant.”). Having dismissed the appeal at the parties’ request,
no motion for rehearing will be entertained, and our mandate will issue forthwith. We
dismiss any other pending motions as moot.
NORA L. LONGORIA
Justice
Delivered and filed the
18th day of January, 2018
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