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Florentino Garza D/B/A Tino's Auto Mart v. Ford Motor Company

Citation: Not availableDocket: 04-12-00734-CV

Court: Court of Appeals of Texas; January 21, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Florentino Garza, operating as Tino's Auto Mart, appealed against Ford Motor Company in the Fourth Court of Appeals in San Antonio, Texas, under case number 04-12-00734-CV. An agreed motion was submitted by both parties requesting the court to vacate the previous judgment and dismiss the case. The court granted the motion, resulting in the following orders: 1. The judgment from November 6, 2013, was vacated. 2. The trial court's Final Judgment from September 26, 2012, was also vacated, and the case was dismissed. 3. All liability associated with the supersedeas bond was discharged. 4. The Bexar County District Clerk was instructed to release the supersedeas bond to the appellant's attorney. 5. Costs from both the trial and the appeal were assigned to the party that incurred them. The order was officially recorded by Justice Sandee Bryan Marion on January 22, 2014.

Legal Issues Addressed

Allocation of Costs

Application: Costs from both the trial and the appeal were assigned to the party that incurred them.

Reasoning: Costs from both the trial and the appeal were assigned to the party that incurred them.

Discharge of Supersedeas Bond Liability

Application: The court ordered the discharge of all liability associated with the supersedeas bond.

Reasoning: All liability associated with the supersedeas bond was discharged.

Dismissal of Case

Application: The case was dismissed following a joint request by the parties involved.

Reasoning: The trial court's Final Judgment from September 26, 2012, was also vacated, and the case was dismissed.

Release of Supersedeas Bond

Application: The Bexar County District Clerk was directed to release the supersedeas bond to the appellant's attorney.

Reasoning: The Bexar County District Clerk was instructed to release the supersedeas bond to the appellant's attorney.

Vacatur of Judgment

Application: The court vacated both the appellate and trial court judgments following an agreed motion by both parties.

Reasoning: The judgment from November 6, 2013, was vacated.