Hospitality House Inc. v. Richard Lee Saenz, Delma Villarreal and Edna Saenz-Navarro, Individually and as Representatives and Legal Heirs of the Estate of Margarita Garza Saenz, Deceased--Appeal from 229th Judicial District Court of Duval County

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i i i i i i MEMORANDUM OPINION No. 04-08-00565-CV HOSPITALITY HOUSE, INC., Appellant v. Richard Lee SAENZ, Delma Villarreal and Edna Saenz-Navarro, Individually and as Representatives and Legal Heirs of the Estate of Margarita Garza Saenz, Appellees From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-0602 Honorable Alex W. Gabert, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: December 10, 2008 REVERSED and REMANDED The parties have filed a Joint Motion to Dismiss the Appeal stating they have reached a settlement, and requesting that we set aside the trial court s judgment without regard to the merits and remand the cause to the trial court for further proceedings in accordance with the parties s settlement. The motion is granted. The judgment of the trial court signed on May 5, 2008 is 04-08-00565-CV reversed, and the cause is remanded to the trial court for further proceedings. See TEX . R. APP . P. 42.1(a)(2)(B), 43.2(d). Costs of appeal are taxed against the parties who have incurred them. PER CURIAM -2-

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