Evergreen Auto Sales, a defunct corporation, through its agent, Roy Clarke; Connie Myers v. Roadrunner Motors, Inc.--Appeal from 73rd Judicial District Court of Bexar County

No. 04-02-00384-CV
EVERGREEN AUTO SALES, INC. and Connie Myers,
Appellants
v.
ROADRUNNER MOTORS, INC.,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CI-03180
Honorable Michael Peden, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 30, 2002

JOINT MOTION FOR SEVERANCE AND FOR PARTIAL REVERSAL AND REMAND GRANTED; JOINT MOTION TO EXPEDITE ISSUANCE OF MANDATE GRANTED; REVERSED AND REMANDED IN PART

On October 10, 2002, appellant, Connie Myers, and appellees, Roadrunner Motors, Inc. and Jay Scheimann, (1) filed a joint motion indicating all claims and disputes among those parties had been settled. Myers, Roadrunner, and Scheimann request that the portion of the trial court's judgment granting relief against Myers be reversed and remanded to the trial court for entry of a take-nothing judgment. See Tex. R. App. P. 42.1(a)(1), (b), 43.2(d). The parties also request that this court's mandate be issued immediately in order for the settlement to be finalized in the trial court. See Tex. R. App. P. 18.1(c). We grant the motions.

That portion of the trial court's judgment granting relief against Connie Myers is reversed and remanded to the trial court for entry of judgment in accordance with the parties' settlement agreement. Our mandate regarding the appeal of Connie Myers shall be issued immediately. The appeal of Evergreen Auto Sales, Inc. against Roadrunner and Scheimann is retained on the docket. The appellate deadlines are reinstated and Evergreen Auto Sales's Inc.'s brief is due December 2, 2002. Costs of Myers's appeal are taxed against appellant, Connie Myers.

PER CURIAM

Do Not Publish

1. The parties' motion lists Jay Scheimann as an appellee; however, the judgment in the trial court does not list him as a party and no relief is granted either for or against him in the trial court's judgment.