The Goodyear Tire & Rubber Company, As Successor-In-Interest to The Kelly-Springfield Tire Company v. Raul Roy Rios, Sr. and Roberto Guardian, Sr. D/B/A Guardian Quick Lube--Appeal from 229th Judicial District Court of Duval County

MEMORANDUM OPINION

No. 04-02-00574-CV

THE GOODYEAR TIRE & RUBBER COMPANY,

As Successor-in-Interest to The Kelly-Springfield Tire Company,

Appellant

v.

Tina Louise RIOS, Individually,

and on Behalf of All of The Heirs and The Estate of Raul Roy Rios, Jr.; and As Next Friend of Lisa Marie Rios, Victoria Nicole Rios and Cassandra Denay Rios, Minors; Raul Roy Rios, Sr.; and Roberto Guardian, Sr. d/b/a Guardian Quick Lube;

Appellees

From the 229th Judicial District Court, Duval County, Texas

Trial Court No. DC-01-78

Honorable Alex W. Gabert, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 5, 2003

JUDGMENT SET ASIDE IN PART AND REMANDED IN PART

Appellant, The Goodyear Tire & Rubber Company, as successor-in-interest to The Kelly-Springfield Tire Company, and appellees, Tina Louise Rios, Individually, and on Behalf of All of The Heirs and The Estate of Raul Roy Rios, Jr.; and As Next Friend of Lisa Marie Rios, Victoria Nicole Rios and Cassandra Denay Rios, Minors, have filed an agreed motion stating they have settled all issues in dispute. The parties ask that we reverse those portions of the trial court's judgment in favor of Tina Louise Rios, Individually, and on Behalf of All of The Heirs and The Estate of Raul Roy Rios, Jr.; and As Next Friend of Lisa Marie Rios, Victoria Nicole Rios and Cassandra Denay Rios, Minors and remand the cause to the trial court for entry of judgment in conformity with their settlement. The motion does not reflect any agreement regarding costs of this appeal. We GRANT the motion.

Those portions of the trial court's judgment in favor of Tina Louise Rios, Individually, and on Behalf of All of The Heirs and The Estate of Raul Roy Rios, Jr.; and As Next Friend of Lisa Marie Rios, Victoria Nicole Rios and Cassandra Denay Rios, Minors are set aside without regard to the merits and the cause is remanded in part to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(B). All costs of this appeal are taxed against appellant. See Tex. R. App. P. 42.1(d). The parties have also filed a motion to expedite mandate, which we grant. That portion of the judgment in favor of Raul Rios, Sr. and/or Roberto Guardian, Sr. d/b/a Guardian Quick Lube remains pending on appeal before this court.

PER CURIAM