City of Eagle Pass v. Dulce Milagro Hernandez, Individually and as Next Friend of Adalberto Hernandez Appeal from 293rd Judicial District Court of Maverick County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00278-CV CITY OF EAGLE PASS, Appellant v. Dulce Milagro HERNANDEZ, Individually and as Next Friend of Adalberto Hernandez, Appellee From the 293rd Judicial District Court, Maverick County, Texas Trial Court No. 15-02-30780-MCV Honorable Cynthia L. Muniz, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: September 7, 2016 JOINT MOTION TO SET ASIDE AND REMAND GRANTED; SET ASIDE AND REMANDED The parties have filed a joint motion stating they have fully resolved and settled all issues in dispute. The parties ask that we set aside the trial court’s order without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). The motion does not recite any agreement of the parties as to costs. See Tex. R. App. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant). 04-16-00278-CV We grant the motion. The trial court’s order on appellant’s plea to the jurisdiction is set aside without regards to the merits and this case is remanded to the trial court for rendition of judgment in accordance with the parties’ agreements. Costs of this appeal are taxed against appellant. PER CURIAM -2-
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