Sutton Fruit & Vegetable Company, Donald Johnson, Christopher Sutton, Kenneth Sutton and Keith Sutton v. Wilbur-Ellis CompanyAppeal from 392nd District Court of Henderson County (memorandum opinion per curiam)
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NO. 12-13-00249-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS SUTTON FRUIT & VEGETABLE COMPANY, DONALD JOHNSON, CHRISTOPHER SUTTON, KENNETH SUTTON AND KEITH SUTTON, APPELLANTS § APPEAL FROM THE 392ND § JUDICIAL DISTRICT COURT § HENDERSON COUNTY, TEXAS V. WILBUR-ELLIS COMPANY, APPELLEE MEMORANDUM OPINION PER CURIAM Appellants have filed an unopposed motion to 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 parties agreement. Appellants state in their motion that their agreement obviates the need to proceed with this appeal. This court is of the opinion that the motion should be granted. Accordingly, we grant the motion, reverse 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 parties agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Opinion delivered September 30, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT SEPTEMBER 30, 2013 NO. 12-13-00249-CV SUTTON FRUIT & VEGETABLE COMPANY, DONALD JOHNSON, CHRISTOPHER SUTTON, KENNETH SUTTON AND KEITH SUTTON, Appellant V. WILBUR-ELLIS COMPANY, Appellee Appeal from the 392nd Judicial District Court of Henderson County, Texas (Tr.Ct.No. 2012B-0228-A) THIS CAUSE came on to be heard on the unopposed motion to set aside the trial court s judgment, without regard to the merits, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be granted, the trial court s judgment be reversed, and the case 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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