Opinion issued December 20,=20
2007
In The
Court of=20
Appeals
For The
First =
District of=20
Texas
____________
NO. 01-07-00936-CV
____________
DAPHNA HOTCHKISS, MARK NEAL, AND JAMIE =
NEAL,=20
Appellants
V.
TIM ALFORD AND MELINDA ALFORD,=20
Appellees
On Appeal from the 344th District=20
Court
Chambers County, Texas
Trial Court Cause No. =
20002
MEMORANDUM=20
OPINION
<=
/SPAN>On=20
November 9, 2007, upon the parties=E2=80=99 agreed motion, this =
Court ordered the=20
appeal abated and the cause referred to mediation. On December 13, =
2007,=20
the parties advised that their mediation has resulted in =
settlement, and=20
they thus jointly moved to set aside the trial court=E2=80=99s =
judgment and to=20
remand the cause for entry of a take-nothing judgment, citing =
Texas Rule=20
of Appellate Procedure 42.1(a)(2)(B). See Tex. R. App. P. =
42.1(a)(2)(B). No=20
opinion has yet issued in this cause.
<=
/SPAN>Accordingly,=20
the appellate cause is reinstated.=20
The hereinreferenced joint motion is granted. Pursuant to that =
motion, the=20
Court sets aside the =
judgment of=20
the court below, without regard to the merits, and remands the cause for the trial =
court to=20
render a take-nothing judgment, in accordance with the =
parties=E2=80=99 agreement.=20
See id.
<=
/SPAN>Any=20
other pending motions in this appeal are overruled as moot. The =
Clerk is=20
directed to issue mandate within 10 days of the date of this =
opinion.=20
See Tex. R. App. =
P.=20
18.1.
PER=20
CURIAM
Panel consists of Justices Taft, Alcala, =
and=20
Higley. |