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HG Shopping Center, LP, and IPC International Corp. v. Lindsey Stockdale

Citation: Not availableDocket: 01-08-00192-CV

Court: Court of Appeals of Texas; April 28, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas issued an opinion on April 28, 2011, regarding case number 01-08-00192-CV, involving HG Shopping Centers, L.P. and IPC International Corp. as Appellants and Lindsey Stockdale as Appellee. The Court considered an agreed motion from the parties to set aside the trial court's judgment following a settlement agreement. The case had previously been abated by the Court. The Court reinstated the case, granted the motion, and, in accordance with Texas Rule of Appellate Procedure 42.1(a)(2)(B), set aside the trial court’s judgment without addressing the merits. The case was remanded to the trial court for the rendition of judgment consistent with the parties' agreement. The panel included Justices Jennings, Keyes, and Higley.

Legal Issues Addressed

Reinstatement of Abated Cases

Application: The court reinstated the case after it had been previously abated, allowing further proceedings in light of the parties' settlement.

Reasoning: The case had previously been abated by the Court. The Court reinstated the case, granted the motion, and, in accordance with Texas Rule of Appellate Procedure 42.1(a)(2)(B), set aside the trial court’s judgment without addressing the merits.

Remand for Rendition of Judgment Consistent with Settlement Agreement

Application: The appellate court remanded the case to the trial court to render a judgment that aligns with the terms of the parties' settlement agreement.

Reasoning: The case was remanded to the trial court for the rendition of judgment consistent with the parties' agreement.

Setting Aside Judgment under Texas Rule of Appellate Procedure 42.1(a)(2)(B)

Application: The Court of Appeals set aside the trial court's judgment based on an agreed motion following a settlement agreement between the parties.

Reasoning: The Court considered an agreed motion from the parties to set aside the trial court's judgment following a settlement agreement.