Narrative Opinion Summary
Appellants Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. filed a Joint Motion to Set Aside the trial court's judgment and remand the case to the trial court for judgment per the parties' agreement. The Court of Appeals for the Seventh District of Texas granted this motion, indicating that it would not address the merits of the appeal. The trial court's judgment is set aside, and the case is remanded for the trial court to render a judgment consistent with the parties' agreement. All costs on appeal are to be borne by the parties incurring them. The ruling is final, as no motion for rehearing will be considered, and the mandate will be issued immediately.
Legal Issues Addressed
Allocation of Costs on Appealsubscribe to see similar legal issues
Application: The costs incurred during the appeal process are to be borne by the parties who incurred them, as per the appellate court's directive.
Reasoning: All costs on appeal are to be borne by the parties incurring them.
Appellate Court's Discretion to Not Address Merits of Appealsubscribe to see similar legal issues
Application: The Court of Appeals chose not to address the substantive merits of the appeal due to the parties' joint motion to set aside the judgment and remand the case.
Reasoning: The Court of Appeals for the Seventh District of Texas granted this motion, indicating that it would not address the merits of the appeal.
Finality of Appellate Court's Rulingsubscribe to see similar legal issues
Application: The appellate court's decision is final, as no motion for rehearing will be entertained, and the mandate is to be issued immediately.
Reasoning: The ruling is final, as no motion for rehearing will be considered, and the mandate will be issued immediately.
Setting Aside Judgment and Remanding for Agreement-based Judgmentsubscribe to see similar legal issues
Application: The appellate court granted the motion to set aside the trial court's judgment and remand the case, allowing the trial court to enter a new judgment based on the agreement between the parties.
Reasoning: Appellants Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. filed a Joint Motion to Set Aside the trial court's judgment and remand the case to the trial court for judgment per the parties' agreement.