Actavis Mid Atlantic LLC and Actavis Elizabeth LLC v. State of Texas and Ven-a-Care of the Florida Keys, Inc.--Appeal from 419th District Court of Travis County (majority)
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NO. 07-11-0260-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
APRIL 4, 2012
______________________________
ACTAVIS MID ATLANTIC LLC AND
ACTAVIS ELIZABETH LLC, APPELLANTS
V.
STATE OF TEXAS AND VEN-A-CARE
OF THE FLORIDA KEYS, INC., APPELLEES
_________________________________
FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY;1
NO. D-1-GV-08-001566; HONORABLE LORA J. LIVINGSTON, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Pending before this Court is the parties' Agreed Motion to Set Aside the
Judgment Without Regard to the Merits and Remand the Case to the Trial Court in
which they represent that they have reached a settlement of all disputes.
1
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas
Supreme Court pursuant to its docket equalization efforts. Tex. Gov=t Code Ann. ' 73.001 (West 2005).
To accord the trial court with jurisdiction to accomplish the relief requested by the
parties and effectuate the settlement agreement, we grant the motion and, without
passing on the merits of the appeal, set aside the trial court=s judgment and remand the
cause to the trial court for rendition of judgment. See Tex. R. App. P. 42.1(a)(2)(B).
See also Sutton v. Horseshoe Hills, Ltd., 278 S.W.3d 923 (Tex.App.BHouston [14th Dist.
2009, no pet.); Vigil v. Montero, 225 S.W.3d 271 (Tex.App.BEl Paso 2006, no pet.).
Having set aside the judgment at the request of the parties, no motion for rehearing will
be entertained and our mandate will issue forthwith.
Patrick A. Pirtle
Justice
2
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