Robert Bosch Corporation v. Juan Alvarez and Inmobiliaria Axial, S. A. De C. V.--Appeal from County Court at Law No 3 of El Paso County

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
ROBERT BOSCH CORPORATION,

Appellant,

 

v.

 

JUAN ALVAREZ AND INMOBILIARIA AXIAL, S.A. DE C.V.,

 

Appellees.

 

 
No. 08-02-00336-CV

Appeal from the

 
County Court at Law No. 3

of El Paso County, Texas

 

(TC# 97-3313)

M E M O R A N D U M O P I N I O N

 

Pending before the Court is a joint motion to vacate the trial court's judgment, release Appellant and the corporate security from any further obligations on the supersedeas bond and to dismiss the case with prejudice. The parties have filed this motion pursuant to Tex. R. App. P. 42.1, which states that:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

 

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

 

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk; the court may:

 

(A) render judgment effectuating the parties' agreements;

 

(B) 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 agreements; or

 

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

 

The parties have settled all matters in controversy. By their motion, the parties have agreed that the underlying judgment should be vacated and a judgment of dismissal with prejudice should be rendered. The parties also agree that Appellant and the corporate surety on the supersedeas bond, Safeco Insurance Company of America, should be released from any further obligations on the bond. Pursuant to Rule 42.1(a)(2)(A), we grant the joint motion, vacate the trial court's judgment, release Appellant and the corporate surety from their obligations on the supersedeas bond, and render a judgment of dismissal with prejudice. The parties' motion does specify that the parties have reached an agreement regarding costs. Accordingly, costs are taxed against Appellant. See Tex. R. App. P. 42.1(d).

February 24, 2004

 

_____________________________________ RICHARD BARAJAS, Chief Justice

 

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.