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Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. v. AmeriPride Services, Inc.

Citation: Not availableDocket: 07-17-00200-CV

Court: Court of Appeals of Texas; July 17, 2017; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The judgment in case No. 07-17-00200-CV involving Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. against AmeriPride Services, Inc. is reversed. The appellate court remands the case to the trial court for a new judgment consistent with the parties' agreement. All costs incurred during the appeal are to be borne by the respective parties. Additionally, no motions for rehearing will be accepted since the trial court's judgment was set aside at the request of the parties. The decision will be certified for observance in the lower court.

Legal Issues Addressed

Allocation of Appellate Costs

Application: Each party is responsible for their own costs incurred during the appeal process.

Reasoning: All costs incurred during the appeal are to be borne by the respective parties.

Certification of Decision

Application: The decision will be certified to ensure it is observed by the lower court.

Reasoning: The decision will be certified for observance in the lower court.

Prohibition on Motions for Rehearing

Application: No motions for rehearing will be entertained due to the judgment being set aside at the request of the parties.

Reasoning: Additionally, no motions for rehearing will be accepted since the trial court's judgment was set aside at the request of the parties.

Remand for New Judgment

Application: The appellate court remanded the case to the trial court for a new judgment that aligns with the agreement between the parties.

Reasoning: The appellate court remands the case to the trial court for a new judgment consistent with the parties' agreement.

Reversal of Judgment

Application: The appellate court reversed the trial court's decision and remanded the case for a new judgment consistent with the parties' agreement.

Reasoning: The judgment in case No. 07-17-00200-CV involving Endoscopy GP, LLC and Amarillo Endoscopy Center, L.P. against AmeriPride Services, Inc. is reversed.