Sports Action, Inc. v. Richard K. Ripke

NUMBER 13-00-711-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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SPORTS ACTION, INC., Appellant,

v.

RICHARD K. RIPKE, Appellees.

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On appeal from the 130th District Court of Matagorda County, Texas.

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O P I N I O N

Before Chief Justice Valdez and Justices Dorsey and Hinojosa Opinion Per Curiam

Appellant, SPORTS ACTION, INC., perfected an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas, in cause number 99-J-0294-C. After the notice of appeal was filed, the parties filed a joint motion to reverse and vacate the district court's sanctions order. In the motion, the parties informed this Court that they have agreed to settle this matter. However, it appeared that a settlement had not been reached. Accordingly, this Court concluded that the parties' joint motion for relief was premature and abated the appeal and ordered the parties to file a status report informing this Court if they have reached a settlement in this case. The parties have now advised the Court that this matter has been compromised and settled. The parties request that the Court grant the relief requested in the joint motion to reverse and vacate the district court's sanctions order filed on December 6, 2000.

The Court, having examined and fully considered the documents on file, the parties' joint motion, and the parties' joint status report confirming settlement of this matter, is of the opinion that the motion should be granted. The joint motion is granted, and the judgment of the trial court is hereby REVERSED and the district court's order granting sanctions against counsel for appellant, Sports Action, Inc., is hereby VACATED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 7th day of June, 2001.