Suderman Contracting Stevedores, Inc. and George Aldridge v. Victor Ferrufino

Opinion issued December 14, 2017

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-17-00710-CV ———————————

SUDERMAN CONTRACTING STEVEDORES, INC. AND GEORGE

ALDRIDGE, Appellants

V.

VICTOR FERRUFINO, Appellee

On Appeal from the 215th District Court Harris County, Texas

Trial Court Cause No. 2016-13498

MEMORANDUM OPINION

Appellants, Suderman Contracting Stevedores, Inc. and George Aldridge, and appellee, Victor Ferrufino, have filed a “Joint Motion to Set Aside the Trial Court’s Judgment and to Remand the Cause to the Trial Court for Entry of a Take-Nothing Judgment.” The parties state that they have settled the case and have agreed to move to set aside the trial court’s judgment in this case, remand for rendition of judgment in accordance with the parties’ agreement, with appellate costs to be taxed against the party incurring the same. See TEX. R. APP. P. 42.1(a)(2)(B), (d). No other party has filed a notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the joint motion, set aside the trial court’s judgment without regard to the merits, remand this cause to the trial court for rendition of take- nothing judgment in accordance with the parties’ settlement agreement, and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We sua sponte direct the Clerk to issue the mandate within ten days of this opinion. See id. 18.1(c). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Lloyd.