Full Opinion (html_with_citations)

Opinion issued December 12, 2023




                                    In The

                             Court of Appeals
                                   For The

                         First District of Texas
                          ————————————
                             NO. 01-23-00607-CV
                          ———————————
     CHARLES ORR, INDIVIDUALLY AND AS GUARANTOR, ALSO
  KNOWN AS AND BEING THE SAME PERSON AS CHARLES L. ORR,
 C. L. ORR, CHARLES L. ORR SR., CHARLES ORR SR., AND C. L. ORR
                         SR., Appellant
                                      V.
CRAWFORD ELECTRIC SUPPLY COMPANY, INC., A CORPORATION,
                       Appellee


            On Appeal from the County Civil Court at Law No. 1
                          Harris County, Texas
                      Trial Court Case No. 1184137


                         MEMORANDUM OPINION

      On August 15, 2023, appellant, Charles Orr, individually and as guarantor,

also known as and being the same person as Charles L. Orr, C. L. Orr, Charles L.
Orr Sr., Charles Orr Sr., and C. L. Orr Sr., filed a notice of restricted appeal from the

trial court’s April 25, 2023 final judgment in favor of appellee, Crawford Electric

Supply Company, Inc., a Corporation.           On November 29, 2023, the parties,

representing that they had “agreed to vacate the Judgment entered April 25, 2023,”

filed an “Agreed Motion to Vacate Judgment as to [Appellant].”

      In the motion, the parties stated that they had reached an agreement to vacate

the trial court’s April 25, 2023 judgment as to appellant, and therefore “request[ed]

[that] this Court . . . remand the case to Harris County Civil Court at Law Number

1.” See TEX. R. APP. P. 42.1(a)(2)(B) (allowing appellate court to dismiss appeal

upon agreement of parties to “set aside the trial court’s judgment without regard to

the merits and remand the case to the trial court for rendition of judgment in

accordance with the agreement” of parties). The agreed motion further stated that

“each party shall bear its own fees and costs by reason of this appeal.”

      The parties’ motion requested that we order that this Court’s mandate issue

immediately. See TEX. R. APP. P. 18.1(c). No other party has filed a notice of appeal,

and no opinion has issued. See TEX. R. APP. P. 42.1(a)(2), (c).

      Accordingly, we grant the parties’ motion, dismiss the appeal, and set aside

the trial court’s judgment without regard to the merits and remand the case to the

trial court for rendition of judgment in accordance with the parties’ agreement. See

TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We direct the Clerk of this Court that costs


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are to be taxed against the party incurring the same. See TEX. R. APP. P. 42.1. We

further direct the Clerk of this Court to issue the mandate immediately. See TEX. R.

APP. P. 18.1(c). We dismiss all other pending motions as moot.

                                 PER CURIAM
Panel consists of Justices Goodman, Countiss, and Farris.




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