The City of Houston v. RiverCrest Civic Association--Appeal from Co Civil Ct at Law No 3 of Harris County

Appellee=s Motion for Rehearing Granted; Opinion of November 30, 2006, Withdrawn; Vacated, Remanded, and Dismissed; and Substitute Opinion filed February 22, 2007

Appellee=s Motion for Rehearing Granted; Opinion of November 30, 2006, Withdrawn; Vacated, Remanded, and Dismissed; and Substitute Opinion filed February 22, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-06-00638-CV

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CITY OF HOUSTON, Appellant

V.

RIVERCREST CIVIC ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 858660

S U B S T I T U T E M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed June 16, 2006.

On November 20, 2006, the parties filed a joint motion to reverse the judgment and remand the cause to the trial court for rendition of judgment of dismissal with prejudice pursuant to the parties= agreement. See Tex. R. App. P. 42.1. On November 30, 2006, this court granted the motion and issued an opinion, reversing the trial court=s judgment and remanding to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties= agreement. Appellee subsequently filed a motion for rehearing, asking that we withdraw our opinion of November 30, 2006, and issue an opinion vacating the trial court=s judgment, remanding to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties= agreement, and dismissing the appeal. We requested a response and appellant filed a response, reflecting no opposition

We grant appellee=s motion for rehearing.

Accordingly, the judgment is vacated, the cause is remanded to the trial court for entry of judgment of dismissal with prejudice in accordance with the parties= agreement, and the appeal is dismissed.

PER CURIAM

Judgment rendered and Opinion filed February 22, 2007.

Panel consists of Justices Anderson, Hudson, and Guzman.