Ford Motorv.Garcia

Court of Appeals of Texas, Fourth District, San AntonioApr 5, 2006
No. 04-05-00342-CV (Tex. App. Apr. 5, 2006)

No. 04-05-00342-CV

Delivered and Filed: April 5, 2006.

Appeal from the 365th Judicial District Court, Zavala County, Texas, Trial Court No. 03-07-10755-Zcvaja, Honorable Amado Abascal, III, Judge Presiding.

Reversed in Part and Remanded in Part.

Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.


MEMORANDUM OPINION


PER CURIAM.

Appellant Ford Motor Company and appellees Rosanna Garcia, Arturo Guerrero, Jr., and Maria Del Carmen Boddie have filed a joint motion asking this court to reverse, without reference to the merits, that portion of the trial court's judgment that pertains to appellees' claims against Ford Motor Company and remand the cause to the trial court for entry of judgment in accordance with their settlement agreement. The parties also request that this court release The American Road Insurance Company from its obligations on the supersedeas bond.

The motion is granted. The trial court's judgment of March 8, 2005 is reversed as to appellees' claims against Ford Motor Company, and that portion of the cause is remanded to the trial court for entry of judgment in accordance with the parties' settlement agreement. Costs of appeal are taxed against the parties who have incurred them, and appellant Ford Motor Company's surety, The American Road Insurance Company, is released from liability on the supersedeas bond. See Tex.R.App.P. 42.1(a)(2)(B); 43.2(d). Because appellant Saul Guerrero was not a party to the settlement agreement between appellant Ford Motor Company and appellees Rosanna Garcia, Arturo Guerrero, Jr., and Maria Del Carmen Boddie, this opinion does not affect the status of appellant Saul Guerrero's appeal.