Garland Pumping & Roustabout Service, Inc. v. Gabriela Reyes Urias, Individually and as Next Friend of Natalie Ann Urias, a Minor, Gilberto U. Urias, Sr., Maria Urias, Lucy Pallanes, and Isabel Pallanes, Jesusita Martinez Pallanes, Individually, and as Rep. of the Estate of Norman Pallanes, et al.--Appeal from 143rd District Court of Reeves County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GARLAND PUMPING & ROUSTABOUT )

SERVICE, INC., )

)

Appellant, )

)

v. )

) No. 08-03-00043-CV

GABRIELA REYES URIAS, Individually and )

as Next Friend of NATALIE ANN URIAS, A ) Appeal from the

Minor, GILBERTO U. URIAS, SR., MARIA )

URIAS, LUCY PALLANES, and ISABEL ) 143rd District Court

PALLANES, JESUSITA MARTINEZ )

PALLANES, and as Next Friend of ) of Reeves County, Texas

ZACARIAH ADAM PALLANES, JEREMIAH )

MATTHEW PALLANES, JONATHAN ) (TC# 01-04-17038-CVR)

ELIJAH PALLANES, JOHN MICHAEL )

PALLANES, and HANNA ANGELITA )

PALLANES, Minor Children, )

)

Appellees. )

)

MEMORANDUM OPINION

Appellant, Garland Pumping & Roustabout Service, Inc. (AGarland@), perfected an appeal from a judgment in favor of Gabriela Reyes Urias, et al, Appellees,[1] entered by the 143rd District Court of Reeves County, Texas in cause number 01-04-17038-CVR.

Appellant Garland and Appellees have now filed an agreed motion to vacate and remand, stating that they have agreed in principle to a settlement of all claims and causes of action of Appellees against Appellant Garland. They advise this Court that the parties= agreement of settlement is generally set forth in a letter signed on behalf of all Appellees by their counsel and on behalf of Appellant Garland by its counsel. Therefore, Appellant Garland, joined by Appellees, requests that this Court vacate the trial court=s judgment with respect to the Appellant Garland and remand all of Appellees= claims and causes of action against Appellant Garland to the trial court for further proceedings in accordance with the parties= agreement.[2]

Tex.R.App.P. 43.2 states:

The court of appeals may:

(a) affirm the trial court=s judgment in whole or in part;

(b) modify the trial court=s judgment and affirm it as modified;

(c) reverse the trial court=s judgment in whole or in part and render the judgment that the trial court should have rendered;

(d) reserve the trial court=s judgment and remand the case for further proceedings;

(e) vacate the trial court=s judgment and dismiss the case; or

(f) dismiss the appeal.

Having considered the documents on file and the agreed motion, this Court is of the opinion that Appellees and Appellant Garland should be granted the relief sought. In accordance with Tex.R.App.P. 43.2, we hereby vacate the judgment of the trial court as it applies to the judgment of Appellees against Appellant Garland Pumping & Roustabout Service, Inc. and hereby remand that part of the case to the trial court to render judgment in accordance with the terms of the parties= agreed settlement.

January 23, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

[1] Appellees in this appeal are: Gabriela Reyes Urias, Individually and as Next Friend of Natalie Ann Urias, a Minor, Gilberto U. Urias, Sr., Maria Urias, Lucy Pallanes, and Isabel Pallanes, Jesusita Martinez Pallanes, Individually, and as Representative of the Estate of Norman Pallanes, and as Next Friend of Zacariah Adam Pallanes, Jeremiah Matthew Pallanes, Jonathan Elijah Pallanes, John Michael Pallanes, and Hanna Angelita Pallanes, Minor Children, collectively AGabriela Reyes Urias, et al.@

[2] The parties also requested that this Court sever Appellant Garland from cause number 08-02-00475-CV. This cause was severed by an order dated January 22, 2003.