Yolanda Nelson and James L. Johnson v. Albertson's, Inc.--Appeal from County Court at Law No 1 of Tarrant County
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NO. 07-05-0403-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
SEPTEMBER 26, 2006
______________________________
YOLANDA NELSON AND JAMES L. JOHNSON, APPELLANTS
V.
ALBERTSON’S, INC., APPELLEE
_________________________________
FROM THE COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY;
NO. 04-23919-1; HONORABLE R. BRENT KEIS, JUDGE
_______________________________
Before QUINN, C.J., and REAVIS and HANCOCK, JJ.
ON SECOND AMENDED JOINT MOTION TO DISMISS
By opinion and judgment dated July 13, 2006, this Court affirmed the trial court’s
order granting monetary sanctions in favor of appellee Albertson’s, Inc. and against
appellants Yolanda Nelson and James L. Johnson. On August 2, 2006, Nelson and
Johnson filed a motion for rehearing, and on August 28, 2006, the parties filed a first
amended joint motion to dismiss the appeal relying on Rule 42.1(a)(2)(B) of the Texas
Rules of Appellate Procedure. The parties indicated they had reached a settlement. The
joint motion to dismiss, however, was not accompanied by a signed agreement to be filed
with the Clerk of the Court, and resultantly was denied. The motion for rehearing was
overruled on September 8, 2006.
While our plenary power continues, the parties have now filed a second amended
motion to dismiss the appeal with an executed copy of the Compromise Settlement
Agreement. We now withdraw our opinion and judgment of July 13, 2006, and in lieu
thereof, grant the joint motion to dismiss the appeal. The trial court’s order granting
monetary sanctions is set aside without regard to the merits and the cause is remanded
to the trial court for rendition of judgment in accordance with the Compromise Settlement
Agreement. See Tex. R. App. P. 42.1(a)(2)(B).
It is so ordered.
Don H. Reavis
Justice
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