American Manufacturers Mutual Insurance v. Elvira Acosta--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AMERICAN MANUFACTURERS MUTUAL )

INSURANCE, ) No. 08-04-00056-CV

)

Appellant, ) Appeal from the

)

v. ) 327th District Court

)

ELVIRA ACOSTA, ) of El Paso County, Texas

)

Appellee. ) (TC# 2001-3942)

)

MEMORANDUM OPINION

Pending before the Court is the parties= joint motion to reverse and remand this appeal pursuant to Tex. R. App. P. 42.1(a)(2)(B), which states:

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

. . .

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

. . .

(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 . . . .

The Appellant and Appellee have complied with the requirements of Rule 42.1(a)(2)(B). The Court has considered this cause on the parties= motion and concludes the motion should be granted and the cause be reversed and remanded to the trial court for entry of an agreed judgment pursuant to the terms of their settlement agreement. We therefore reverse the judgment of the trial court and remand this matter for further action consistent with this opinion. All costs shall be taxed against Appellant.

October 14, 2004

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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