Nury Chapa v. Tony Gullo Motors I, L.P. and Brien Garcia--Appeal from County Court at Law No 2 of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 09-03-00568-CV

Case Date: 12/06/2007

Plaintiff: Joey Linn Mayo

Defendant: State of Texas--Appeal from 128th District Court of Orange County

Preview:Nury Chapa v. Tony Gullo Motors I, L.P. and Brien Garcia--Appeal from County Court at Law No 2 of Montgomery County
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-03-568 CV ____________________ NURY CHAPA, Appellant V. TONY GULLO MOTORS I, L.P. and BRIEN GARCIA, Appellees On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 02-08-05341 MEMORANDUM OPINION (1) The appellant, Nury Chapa, and the appellees, Tony Gullo Motors I, L.P. and Brien Garcia, filed a joint motion to vacate and remand. The parties ask this Court to vacate the judgment of the trial court and remand the cause to the trial court with instructions to dismiss the case with prejudice, in accordance with the parties' settlement agreement. The motion meets the requirements for agreed disposition of civil appeals. See Tex. R. App. P. 42.1(a)(2)(B). We vacate the judgment of the trial court and remand the cause to the trial court with instructions to dismiss the case with prejudice. Costs shall be assessed against the incurring party. VACATED AND REMANDED. ____________________________ DAVID GAULTNEY Justice

Submitted September 20, 2007 Opinion Delivered December 6, 2007 Before McKeithen, C.J., Gaultney, and Kreger, JJ.

1. By order of August 30, 2007, we withdrew our opinion of July 26, 2007 and resubmitted the cause. We now substitute this opinion remanding the cause.

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