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Emeritus v. Ofczarzak

Court of Appeals of Texas, Fourth District, San Antonio
Apr 5, 2006
No. 04-05-00530-CV (Tex. App. Apr. 5, 2006)

Opinion

No. 04-05-00530-CV

Delivered and Filed: April 5, 2006.

Appeal from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-13504, Honorable Barbara Hanson Nellermoe, Judge Presiding.

Reversed and Remanded.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


The parties have filed a joint motion stating that they have fully resolved and settled all issues in dispute. They request that the trial court's judgment be reversed, and that the cause be remanded for entry of judgment in conformity with their settlement agreement. They further request that the trial court's post-judgment "Order Granting Injunction and Discovery" signed March 21, 2005 be vacated and the cash deposit in lieu of bond filed March 17, 2005 be released by the district clerk immediately. They also request that the mandate issue immediately.

The motion is granted. The "Second Amended Final Judgment" signed by the trial court on June 8, 2005 is reversed, and the cause is remanded for the entry of a judgment in conformity with the parties' settlement agreement. Tex.R.App.P. 42.1(a)(2)(B). The trial court's post-judgment "Order Granting Injunction and Discovery" signed March 21, 2005 is vacated, and the cash deposit in lieu of bond filed March 17, 2005 shall be released by the district clerk immediately. The mandate shall issue immediately. Tex.R.App.P. 18.1(c). Costs of court and costs of appeal are taxed against the parties who have incurred them.


Summaries of

Emeritus v. Ofczarzak

Court of Appeals of Texas, Fourth District, San Antonio
Apr 5, 2006
No. 04-05-00530-CV (Tex. App. Apr. 5, 2006)
Case details for

Emeritus v. Ofczarzak

Case Details

Full title:EMERITUS CORPORATION, Appellant, v. LEO OFCZARZAK, AND LORINE AND DAVID…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 5, 2006

Citations

No. 04-05-00530-CV (Tex. App. Apr. 5, 2006)

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