Opinion=20
issued January 26, =
2006
In The
Court of=20
Appeals
For The
First =
District of=20
Texas
____________
NO. 01-05-00628-CV
____________
WASTE MANAGEMENT OF TEXAS, INC.,=20
Appellant
V.
JERRY MCCULLOUGH, KENNETH CALVERT, AND =
THERESA=20
CALVERT, Appellees
On Appeal from the 212nd District=20
Court
Harris County, Texas
Trial Court Cause No.=20
01-CV-0422
MEMORANDUM=20
OPINION
<=
/SPAN>The=20
Court today considered the parties=E2=80=99 joint motion to =
reverse and remand=20
this case to the trial court for entry of judgment effectuating =
their=20
settlement agreement, in which the parties request this Court to =
reverse=20
the trial court=E2=80=99s judgment without reference to the =
merits, remand the=20
case for further proceedings in accordance with the =
parties=E2=80=99 settlement=20
agreement, order all costs incurred on appeal be taxed against the =
party=20
that incurred those costs, and order immediate issuance of the =
mandate.=20
The motion is granted as follows:
<=
/SPAN>(1) The=20
trial court=E2=80=99s judgment of March 29, 2005 is reversed;
<=
/SPAN>(2) The=20
case is remanded to the trial court for further proceedings =
consistent=20
with this opinion and with instructions for entry of judgment in=20
accordance with the parties=E2=80=99 settlement agreement; =
and
<=
/SPAN>(3) The=20
Clerk of this Court is directed to issue mandate 10 days after the =
date of=20
this opinion. Tex. R. =
App. P.=20
18.1.
=
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; Terry=20
Jennings
=
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p; =
; Justice
Panel=20
consists of Justices Nuchia, Jennings, and=20
Higley |