FIRST NATIONAL BANK v. MITCHELL C. CHANEY--Appeal from 107th District Court of Cameron County
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NUMBER 13-09-00440-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ FIRST NATIONAL BANK, Appellant, v. MITCHELL C. CHANEY, Appellee. ____________________________________________________________ On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam The parties to this appeal have filed a Joint Motion to Vacate Judgment as to First National Bank only and to dismiss appeals pursuant to settlement. The Court has considered the motion and it is the Court s opinion that the motion should be granted in part and denied in part.1 Accordingly, without regard to the merits, we vacate the judgment 1 Rule 42.1(a)(2) perm its the Court to render judgm ent effectuating the parties agreem ents or to vacate the trial court s judgm ent and rem and the case to the trial court for rendition of judgm ent in accordance with the agreem ent; we cannot do both. See T EX . R. A PP . P. 42.1(a)(2)(A), (B). as to appellant, First National Bank2, and remand the case to the trial court for rendition of judgment in accordance with the parties settlement agreement. See TEX . R. APP. P. 42.1(a)(2)(B); 43.2(d). The parties request that the Court direct the District Clerk to return the cash deposit in lieu of supersedeas bond to appellant, together with any interest to which appellant may be entitled. The request is GRANTED. We direct the District Clerk to return to appellant the deposit of cash in lieu of supersedeas bond made by appellant, together with any interest to which appellant may be entitled. The parties also request immediate issuance of our mandate. See TEX . R. APP. P.18.1(c). The request is GRANTED. We direct the Clerk of the Court to issue the mandate immediately. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX . R. APP. P. 42.1(d). PER CURIAM Delivered and filed the 15th day of April, 2010. 2 John W oodard did not perfect an appeal. Therefore, the judgm ent against John W oodard and in favor of Mitchell C. Chaney rem ains in full force and effect. 2
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