In Re: McKinley Dale Thomas--Appeal from 337th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-04-01135-CV

Case Date: 12/09/2004

Plaintiff: Steve Vernon Rigging a/k/a S.V.R. ("Vernon")

Defendant: Rigel Piper--Appeal from 212th District Court of Galveston County

Preview:Steve Vernon Rigging a/k/a S.V.R. ("Vernon") v. Rigel
Piper--Appeal from 212th District Court of Galveston
County
Opinion issued April 15, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01-03-01105-CV
STEVEN VERNON RIGGING A/K/A S.V.R., Appellant
V.
RIGEL PIPER, Appellee
On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Cause No. 2002CV0039
MEMORANDUM OPINION
The parties to this appeal, appellantco-defendant, Steven Vernon Rigging a/k/a S.V.R. ( Rigging ) // and appellee
Rigel Piperplaintiff ( Piper ) have filed a joint motion to vacate the trial court s judgment without regard to its merits
insofar as it relates to Rigging and render judgment dismissing the action with prejudice, insofar as it relates to
Rigging. However, Texas Rule of Appellate Procedure 42.1(a) does not authorize this Court to set aside a part of the
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trial court s judgment and render judgment as it relates to one of two co-defendants. The parties have requested such
other and further relief to which they may be entitled.
Accordingly, without regard to the merits, we vacate that part of the trial court s judgment as it relates to Rigging and
remand the case to the trial court for the limited purpose of rendering judgment in accordance with Rigging s and Piper
s agreements. See Tex. R. App. P. 42.1(a)(2)(B). The trial court may not substantively change the existing judgment
Piper has against Bandit Lites, Inc.
We order each party to bear the costs it/he incurred on appeal. The appeal is dismissed. Tex. R. App. P. 43.2(f).
All other relief requested by the parties is denied. The Clerk is directed to issue mandate within 10 days of the date of
this opinion. Tex. R. App. P. 18.1.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Taft and Keyes.
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