Larry Stanley and Terri Stanley v. John McClanahan Appeal from County Court of Colorado County (memorandum opinion per curiam)
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Opinion issued September 16, 2014 In The Court of Appeals For The First District of Texas NO. 01-13-00982-CV LARRY STANLEY AND TERRI STANLEY, Appellants V. JOHN MCCLANAHAN, Appellee On Appeal from the County Court Colorado County, Texas Trial Court Case No. 13-5,197 MEMORANDUM OPINION This is an appeal from a judgment signed July 29, 2013, granting summary judgment in a forcible entry and detainer action, entitling appellee to possession of the real property and recovery of damages for past due rent and attorneys fees. On July 24, 2014, appellee filed his brief and offered to voluntarily remit all damages and fees because he had sold the real property in question, rendering this appeal moot. On August 20, 2014, the parties filed a joint motion for entry of judgment pursuant to compromise, requesting that we render judgment effectuating their agreement, and requesting to expedite the mandate s issuance. See TEX. R. APP. P. 42.1(a)(2)(A), 18.1(c). No opinion has issued. Accordingly, we grant the motion, dismiss as moot appellants appeal of the portion of the trial court s judgment that appellee is entitled to possession of the real property, reverse the portion of the judgment of the trial court s judgment that appellee is entitled to recovery of damages of $4,000.00 for past due rent and attorneys fees of $3,600.00, and render judgment that appellee John McClanahan take nothing. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(c), (f). We dismiss any other pending motions as moot. The Clerk is directed to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1(c). PER CURIAM Panel consists of Justices Higley, Bland, and Sharp. 2
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