Michael Reece v. NCO Portfolio Management

Summary

The Texas Thirteenth Court of Appeals granted the parties’ agreed motion to vacate the trial court’s judgment and remand the case for rendition of judgment consistent with their agreement. The court vacated the judgment without addressing the merits and taxed costs against the appellant.

Holdings

1. The court granted the parties' agreed motion, set aside the trial court's judgment without regard to the merits, and remanded the case for rendition of judgment in accordance with the parties' agreement.
2. Costs were taxed against appellant.

Questions Presented

1. Whether the court of appeals should grant the parties' agreed motion to vacate the trial court's judgment and remand the case under Texas Rule of Appellate Procedure 42.1(a)(2)(A).
2. Whether appellate costs should be taxed against appellant in the absence of an agreement concerning costs.

Disposition

reversed_and_remanded