Court of Civil Appeals of Texas, 2011

Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP v. Valente Mendes

Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP v. Valente Mendes
Court of Civil Appeals of Texas · Decided March 10, 2011

Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP v. Valente Mendes

Opinion

Opinion filed March 10, 2011

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                                         No. 11-10-00091-CV

                                                    __________

 

                GILBERT ARSIAGA, SUBSTITUTE TRUSTEE, AND

                                   BAC HOME LOANS SERVICING, LP

 

                                                                  V.

 

                                                   VALENTE MENDES

 

                                   On Appeal from the 161st District Court

 

                                                             Ector County, Texas

 

                                                  Trial Court Cause No. B-129,159

 

 

                                            M E M O R A N D U M    O P I N I O N

            Appellants, Gilbert Arsiaga, Substitute Trustee, and BAC Home Loans Servicing, LP, and appellee, Valente Mendes, have filed a joint motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(2).  In the motion, the parties state that they “have now reached an agreement to settle and compromise their differences in this appeal.  Specifically, the parties have agreed to bound [sic] by the Amended Temporary Orders entered by the trial court on June 7, 2010, thereby disposing of the arguments made the basis of this appeal.”  The parties further request the court to render judgment effectuating the parties’ agreement pursuant to Rule 42.1(a)(2)(A) by affirming the Amended Temporary Orders entered by the trial court on June 7, 2010, and remanding this case to the trial court for further proceedings. 

Therefore, in accordance with the parties’ request, we affirm the Amended Temporary Orders entered by the trial court on June 7, 2010, and remand this case to the trial court for further proceedings.

The joint motion to dismiss is granted, and the appeal is dismissed.

 

                                                                                    PER CURIAM

 

 

March 10, 2011

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

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