Robert Eugene Carter v. Alice Sliwick & Enga Skiver Appeal from 109th District Court of Crane County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ROBERT EUGENE CARTER, § No. 08-17-00052-CV Appellant, § Appeal from the v. § 109th District Court ALICE SLIWICKI & ENGA SKIVER, § of Crane County, Texas Appellees. § (TC# 6284) MEMORANDUM OPINION Pending before the Court is a joint motion to vacate the trial court’s order denying Appellant’s motion for summary judgment without regard to the merits and remand the cause to the trial court for further proceedings. See TEX.R.APP.P. 42.1(a)(2)(B). The motion is granted. Accordingly, we vacate the trial court’s November 17, 2016 order denying Appellant’s motion for summary judgment without regard to the merits, and we remand the matter to the trial court for further proceedings in accordance with the parties’ agreement. Further, the Court grants the parties’ request to expedite issuance of the mandate. The motion does not indicate that the parties have reached an agreement regarding the assessment of costs. Consequently, costs of the appeal are assessed against Appellant. See TEX.R.APP.P. 42.1(d)(absent agreement of the parties, the court will assess costs against appellant). GINA M. PALAFOX, Justice August 16, 2017 Before McClure, C.J., Rodriguez, and Palafox, JJ.
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