Shipley Brothers, Ltd v. Republic National Bank
(Tex.App.- Houston [1st Dist.] Aug. 13, 2009)(Jennings) (Subst. Op. by Jennings)
SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE
WITH PARTIES' AGREEMENT: Opinion by Justice Jennings
Before Judge Wilson, Justices Jennings and Bland
01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and
Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
Court of Appeals
For The First District of Texas
SHIPLEY BROTHERS, LTD., LONE STAR INVESTMENTS, KENNETH SHIPLEY, AND
CALVIN JUNEK, JR., Appellants
REPUBLIC NATIONAL BANK AND ROBERT F. LARSON, Appellees
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 852459
The Court today considered the parties' joint motion to vacate and remand, in which they request
that this Court withdraw its June 11, 2009 opinion and vacate its June 26, 2009 judgment, set aside
the trial court's judgment without regard to the merits, and remand the case to the trial court for
rendition of a take-nothing judgment in accordance with the parties' settlement agreement. The
motion is granted as follows:
1. This Court's opinion of June 11, 2009 is withdrawn, as are the concurring and dissenting opinion
of the same date, this opinion is substituted in the place of the Court's original opinion, and this
Court's judgment of June 26, 2009 is vacated.
2. The trial court's judgment is set aside without regard to the merits and the case is remanded to
the trial court for the rendition of a take-nothing judgment in accordance with the parties' settlement
agreement. Tex. R. App. P. 42.1(a)(2), (c).
2. Pursuant to the parties' agreement, the parties shall bear their own costs of court in the trial court
and in this Court. Tex. R. App. P. 42.1(d).
3. The Clerk of this Court is directed to issue mandate 10 days after the date of this opinion. Tex. R.
App. P. 18.1.
Panel consists of Justices Jennings, Bland, and Wilson. (1)
1. The Hon. Davie L. Wilson, retired Justice, Court of Appeals, First District of Texas at Houston,
participating by assignment.