CORPUS CHRISTI RETAIL VENTURE LP v. ULLAH BROTHERS INC., D/B/A AMAN'S JEWELERS I & II--Appeal from 28th District Court of Nueces County (per curiam)

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NUMBER 13-10-00682-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ CORPUS CHRISTI RETAIL VENTURE LP, Appellant, v. ULLAH BROTHERS INC., D/B/A AMAN'S JEWELERS I & II, Appellee. ____________________________________________________________ On appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam Appellant, Corpus Christi Retail Venture LP, perfected an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 09-2193-A. The parties have filed a joint motion to reverse the judgment and remand to the trial court on grounds that the parties have resolved this matter at mediation. The parties request that we reverse the trial court s judgment and remand the case for further proceedings consistent with the parties settlement. The Court, having considered the documents on file and the joint motion to reverse and remand, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Accordingly, the joint motion is granted. We REVERSE the trial court=s judgment without regard to the merits, and REMAND this case to the trial court for further proceedings in accordance with the parties agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ( Absent agreement of the parties, the court will tax costs against the appellant. ). Having reversed the trial court s judgment and remanded the case at the parties request, no motion for rehearing will be entertained. PER CURIAM Delivered and filed the 22nd day of November, 2011. 2

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