Betty Wilkerson v. Charlcie R. Wilkerson--Appeal from County Court at Law No 2 of Smith County

NO. 12-04-00042-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BETTY WILKERSON, APPEAL FROM THE

APPELLANT

V. COUNTY COURT AT LAW NO. 2

CHARLCIE R. WILKERSON

APPELLEE OF SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

The parties hereto have filed a Joint Motion to Reverse In Accordance With The Parties Settlement Agreement. That motion has been signed by the attorneys for the parties and represents that the parties' agreement disposes of all issues presented for appeal. Because the parties have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted. We therefore reverse the trial court s judgment without reference to the merits and remand to the trial court for entry of judgment consistent with the parties settlement agreement. See Tex. R. App. P. 42.1(a)(1). Costs of this appeal shall be taxed against the party incurring same. Pursuant to the parties request, we direct the Clerk of the Court to issue the mandate immediately. See Tex. R. App. P. 18.1(c).

Opinion delivered June 23, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

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COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 23, 2004

NO. 12-04-00042-CV

BETTY WILKERSON,

Appellant

V.

CHARLCIE R. WILKERSON,

Appellee

Appeal from the County Court at Law No. 2

of Smith County, Texas. (Tr.Ct.No. 03-0492-F)

THIS CAUSE came to be heard on the appellate record and the Joint Motion of the Parties to Reverse the appeal herein for the reason that all matters in controversy between the parties have been compromised, settled, and fully satisfied, and the Court having heard and considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Reversed and Remanded to the Trial Court for Entry of Judgment Consistent with the Parties Settlement Agreement, that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

THE STATE OF TEXAS

M A N D A T E

TO THE COUNTY COURT AT LAW NO. 2 OF SMITH COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 23rd day of June, 2004, the cause upon appeal to revise or reverse your judgment between

BETTY WILKERSON, Appellant

NO. 12-04-00042-CV and Tr. Ct. Case Number 03-0492-F

Opinion by Per Curiam.

CHARLCIE R. WILKERSON, Appellee

was determined; and therein our said Court made its order in these words:

THIS CAUSE came to be heard on the appellate record and the Joint Motion of the Parties to Reverse the appeal herein for the reason that all matters in controversy between the parties have been compromised, settled, and fully satisfied, and the Court having heard and considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Reversed and Remanded to the Trial Court for Entry of Judgment Consistent with the Parties Settlement Agreement, that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the court below for observance.

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.

CATHY S. LUSK, CLERK

By:_______________________________

Deputy Clerk