Great American Lloyds Insurance Company v. Schatzman Construction Company and Donmar Enterprises, L.L.C.--Appeal from County Court at Law No 3 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

GREAT AMERICAN LLOYDS )

INSURANCE COMPANY, ) No. 08-06-00059-CV

)

Appellant, ) Appeal from

)

v. ) County Court at Law No. 3

)

SCHATZMAN CONSTRUCTION, ) of El Paso County, Texas

COMPANY and DONMAR )

ENTERPRISES, L.L.C., ) (TC# 2005-1570)

)

Appellees. )

MEMORANDUM OPINION

Pending before the Court is the joint motion of Appellant, Great American Lloyds Insurance Company, and Appellees, Schatzman Construction Company and Donmar Enterprises L.L.C., to vacate the trial court s judgment and remand for proceedings consistent with the parties settlement agreement. See Tex.R.App.P. 42.1(a)(2)(B). The motion is granted. Accordingly, the trial court s judgment is set aside and the cause is remanded to the trial court for rendition of judgment in accordance with the parties settlement agreement. Pursuant to the parties agreement, costs are taxed against the party incurring same. See Tex.R.App.P. 42.1(d).

August 31, 2006

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.