Rebecca Goostree and Melissa Holland v. Lemuel J. Green, R.J. Sailor, Jr., and Elice Sailor and Tony Britten--Appeal from 100th District Court of Carson County
Annotate this Case
Download PDF
NO. 07-02-0229-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E MARCH 25, 2003 ______________________________ REBECCA GOOSTREE and MELISSA HOLLAND, Appellants v. LEMUEL J. GREEN, R. J. SAILOR, JR., ELICE SAILOR, and TONY BRITTEN, Appellees _______________________________ FROM THE 100TH DISTRICT COURT OF CARSON COUNTY; NO. 8845; HON. DAVID M. MCCOY, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before JOHNSON, C.J., QUINN, J., and BOYD, S.J. * Pending before the court is a joint motion signed by counsel for all parties asking that we set aside the trial court s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the attached judgment. Such relief is sought, according to the parties, because the cause has been settled. The * John T. Boyd, Chief Justice (Ret.), Seventh Cou rt of Appeals, sitting by assignment. Tex. Gov t Code Ann. ยง75.00 2(a)(1) (V erno n Su pp. 2003 ). movants do not explain what they mean by asking us to set aside the trial court s judgment. Nonetheless, we construe the term to mean reverse. See Rothlander v. Ayala, 943 S.W.2d 546, 546 (Tex. App.--Waco 1997, no pet.) (so construing the term because an appellate court lacked the authority to simply vacate the trial court s judgment). Accordingly, we reverse the judgment of the trial court and remand the cause for further proceedings in accordance with the settlement agreement of the parties. Id. at 546-47. Each party will bear their own costs of court incurred. Brian Quinn Justice 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
