Ex Parte S.M.H. v. << (2016)

MEMORANDUM OPINION

This case is before the Court on a joint motion to reverse and render judgment.¹  According to the motion, the parties have reached an agreement to settle and compromise their differences.  They ask this Court to reverse the Order of Expunction entered by the 361st Judicial District Court of Brazos County, Texas on July 15, 2015 in Cause No. 11 –001747–CV–361, and render judgment granting relief in favor of appellant with regards to the March 23, 2007 arrest pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(A).  See T ex. R. A pp. P. 42.1(a)(2)(A).

The parties have agreed:  that appellee is not entitled to an expunction of records related to his arrest for theft because he was assessed and served terms of deferred adjudication for two charges arising out of the arrest;  that the order of expunction should be reversed in its entirety;  and that judgment should be rendered in favor of appellant.

We REVERSE the order of expunction entered on July 15, 2015, and RENDER judgment granting relief in favor of appellant.  See T ex. R. A pp. P. 42.1(a)(2)(A), 43.2(c).  Costs will be taxed against appellant.  See T ex. R. A pp. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

FOOTNOTES

1.   This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2013 3d C.S.).

PER CURIAM