Narrative Opinion Summary
The Court of Appeals for the Second District of Texas addressed the case between Singer Asset Finance Company, L.L.C. (Appellant) and Sylvester Burns, Jr. (Appellee). The parties submitted an Agreed Motion to Set Aside the Trial Court’s Judgment and to Remand, indicating they had reached a settlement. The court granted this motion, setting aside the trial court's judgment without considering the merits of the case, and remanded the matter to the trial court to issue a judgment consistent with the settlement agreement. Additionally, the Appellant, Singer Asset Finance Company, L.L.C., was ordered to pay all costs associated with the appeal. The decision was delivered by a panel consisting of Chief Justice Cayce and Justices Livingston and Dauphinot on December 21, 2006.
Legal Issues Addressed
Costs of Appealsubscribe to see similar legal issues
Application: The appellate court ordered the appellant to bear all costs associated with the appeal.
Reasoning: Additionally, the Appellant, Singer Asset Finance Company, L.L.C., was ordered to pay all costs associated with the appeal.
Judgment Consistent with Settlementsubscribe to see similar legal issues
Application: The trial court is instructed to issue a new judgment that reflects the terms of the parties' settlement agreement.
Reasoning: The court granted this motion, setting aside the trial court's judgment without considering the merits of the case, and remanded the matter to the trial court to issue a judgment consistent with the settlement agreement.
Settlement Agreement and Remandsubscribe to see similar legal issues
Application: The appellate court set aside the trial court's judgment and remanded the case back to the trial court based on the parties' agreed settlement.
Reasoning: The parties submitted an Agreed Motion to Set Aside the Trial Court’s Judgment and to Remand, indicating they had reached a settlement.