Nationwide Mutual Insurance Company v. Marjorie OrlinAppeal from 2nd District Court of Cherokee County (memorandum opinion per curiam)
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NO. 12-12-00292-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT § APPEAL FROM THE SECOND V. § JUDICIAL DISTRICT COURT MARJORIE ORLIN, APPELLEE § CHEROKEE COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM The parties to this appeal have filed a joint motion signed by counsel for each party in which they allege that they have settled the claims at issue in this appeal. They request that we set aside the trial court s judgment without regard to the merits and remand the case to the trial court for the rendition of judgment in accordance with the terms of their settlement agreement. After considering the parties joint motion, we conclude that the parties have complied with Texas Rule of Appellate Procedure 42.1(a). Accordingly, the joint motion is granted, the trial court s judgment is set aside without regard to the merits, and the case is remanded to the trial court for rendition of judgment in accordance with the parties agreement. See TEX. R APP. P. 42.1(a)(2)(B). Opinion delivered July 24, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JULY 24, 2013 NO. 12-12-00292-CV NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant V. MARJORIE ORLIN, Appellee _____________________________________________________________________________ Appeal from the 2nd Judicial District Court of Cherokee County, Texas. (Tr.Ct.No. 2012-04-0312) _____________________________________________________________________________ THIS CAUSE came on to be heard on the joint motion of the Appellant and Appellee to set aside the trial court s judgment without regard to the merits and remand the case to the trial court for the rendition of judgment in accordance with the terms of their settlement agreement herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that trial court s judgment is set aside without regard to the merits, that the case be remanded to the trial court for rendition of judgment in accordance with the parties agreement, and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
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