Lake Trucking and Construction Company, Inc. and James Flannery v. Bobbie Emery, Ricky Clay, and A.R. Manning, Jr.--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-02-031-CV

LAKE TRUCKING AND

CONSTRUCTION COMPANY, INC.

AND JAMES FLANNERY,

Appellants

v.

BOBBIE EMERY, RICKY CLAY

AND A.R. MANNING, JR.,

Appellees

From the 13th District Court

Navarro County, Texas

Trial Court # 00-00-09964-CV

MEMORANDUM OPINION

Appellees filed a personal injury suit against Lake Trucking and Construction Company, Inc., James Flannery, and Johnny Moore Welding, Inc. A jury returned a verdict in Appellees favor as to Lake Trucking and Flannery but refused to find that Johnny Moore Welding was liable for their injuries. Lake Trucking and Flannery perfected this appeal. The parties have now filed an Agreed Motion to Reverse and Remand. They request that we reverse the judgment and remand this cause to the trial court for entry of a judgment in accordance with a mediated settlement agreement.

The appellate rules authorize this Court to reverse a judgment and remand the cause to the trial court for further proceedings. See Tex. R. App. P. 43.2(d); Young Materials Corp. v. Smith, 4 S.W.3d 84, 84-85 (Tex. App. Waco 1999, no pet.) (per curiam). Accordingly, we reverse the judgment and remand this cause to the trial court for further proceedings. See Polley v. Odom, 963 S.W.2d 917, 918 (Tex. App. Waco 1998, order, no pet.) (per curiam); Rothlander v. Ayala, 943 S.W.2d 546, 546-47 (Tex. App. Waco 1997, no writ) (per curiam). Costs are taxed against the party incurring same.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Reversed and remanded

Opinion delivered and filed September 25, 2002

Do not publish

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