RICHARD KELLY AND DENISE KELLY v. JIMMY DON KRAUSER--Appeal from 135th District Court of Victoria County

NUMBER 13-05-330-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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RICHARD KELLY AND DENISE KELLY, Appellants,

v.

JIMMY DON KRAUSER, Appellee.

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On appeal from the 135th District Court

of Victoria County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellants, RICHARD KELLY AND DENISE KELLY, perfected an appeal from a judgment entered by the 135th District Court of Victoria County, Texas, in cause number 03-6-59,876-B. After the notice of appeal was filed and after the appeal was abated pending settlement, the parties filed a joint motion to reinstate the appeal and reverse and render a take-nothing judgment effectuating the parties= settlement agreement. In the motion, the parties state that the settlement in this matter has been finalized. The parties request that the appeal be reinstated and that the judgment of the trial court be reversed and judgment rendered that appellee take nothing on all of his claims against appellants. The parties further request that all costs be taxed against the party incurring them.

The Court, having examined and fully considered the documents on file and the parties= joint motion, is of the opinion that the motion should be granted. The joint motion is granted. The appeal is reinstated, the judgment of the trial court is hereby REVERSED, and judgment is RENDERED that appellee take nothing on his claims against appellants. Costs of the appeal are adjudged against the party incurring same.

PER CURIAM

Memorandum Opinion delivered and filed

this the 4th day of August, 2005.