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Pathfinder Insurance Agency of Houston, Inc., D/B/A Pathfinder Insurance Agency and New Frontier General Agency, Inc., D/B/A Pathfinder Benefits Group, Inc. v. Kenneth R. Pearson

Citation: Not availableDocket: 01-05-00692-CV

Court: Court of Appeals of Texas; October 27, 2005; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A joint motion filed by Pathfinder Insurance Agency of Houston, Inc. and Kenneth R. Pearson seeks to set aside the trial court’s judgment and remand the case for entry of judgment based on a settlement agreement. The Court of Appeals for the First District of Texas granted the motion, resulting in the trial court's judgment being set aside without addressing the merits of the case. The case is remanded to the trial court for the execution of the judgment as per the parties' settlement agreement. The Clerk is instructed to issue the mandate within 10 days of this opinion. The panel includes Justices Taft, Keyes, and Hanks.

Legal Issues Addressed

Mandate Issuance

Application: The court orders the Clerk to issue the mandate within a specified timeframe following the court's opinion.

Reasoning: The Clerk is instructed to issue the mandate within 10 days of this opinion.

Remand for Execution of Judgment

Application: The Court of Appeals remands the case to the trial court for executing the judgment according to the settlement agreement, bypassing the merits of the original case.

Reasoning: The Court of Appeals for the First District of Texas granted the motion, resulting in the trial court's judgment being set aside without addressing the merits of the case.

Setting Aside Judgment Based on Settlement Agreement

Application: The court grants a joint motion to set aside the trial court's judgment in favor of executing a judgment based on the parties' settlement agreement.

Reasoning: A joint motion filed by Pathfinder Insurance Agency of Houston, Inc. and Kenneth R. Pearson seeks to set aside the trial court’s judgment and remand the case for entry of judgment based on a settlement agreement.