Octavio Alvarez v. Sergio Molina D/B/A Narse Construction

NUMBER 13-17-00086-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
OCTAVIO ALVAREZ, Appellant,
v.
SERGIO MOLINA D/B/A
NARSE CONSTRUCTION, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 7
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Contreras, Longoria, and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant Octavio Alvarez appeals the trial court’s judgment dismissing his suit
against appellee Sergio Molina d/b/a Narse Construction for want of prosecution. This
Court previously abated the appeal to allow the parties to effectuate a settlement
agreement. The parties have now filed a joint motion to enter agreed judgment.
Pursuant to the agreement, the parties request this Court to render judgment effectuating
the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(A). The parties have agreed that
this Court should reverse the trial court’s judgment and render judgment in favor of
appellant and against appellee in the amount of $17,000.00. The parties further agree
that all costs of the appeal will be taxed against the party incurring same.
The Court, having considered the documents on file and joint motion to enter
agreed judgment, is of the opinion that the motion should be granted. Accordingly, we
REINSTATE this appeal. We GRANT the parties’ joint motion to enter agreed judgment.
We REVERSE the trial court’s judgment, RENDER judgment in favor of appellant and
against appellee in the amount of $17,000.00, and DISMISS the appeal. See id.
Pursuant to the parties’ agreement, the costs of the appeal will be taxed against the
incurring party. See id. 42.1(d). 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.
LETICIA HINOJOSA
Justice
Delivered and filed the
9th day of August, 2018.
2