Opinion
No. 01-07-00762-CV
Opinion issued March 25, 2010.
On Appeal from the 212th District Court, Galveston County, Texas, Trial Court Cause No. 05-CV-1448.
Panel consists of Chief Justice RADACK, and Justices ALCALA and HANKS.
SUPPLEMENTAL MEMORANDUM OPINION ON REHEARING
On October 15, 2009, we issued our opinion and judgment in this case. Appellants, SCTW Health Care Center, WTCS Health Care, Stan Steele, and Wynnell Suitt (collectively, "SCTW"), and Appellee AAR, Incorporated, subsequently filed a joint motion for rehearing, asking us to vacate part of our judgment, set aside the trial court's verdict on the controversy between them, and remand that part of the case to the trial court for entry of judgment in accordance with a settlement agreement reached between them. The remaining Appellees, St. Paul Fire Marine Insurance Company and St. Paul Mercury Insurance Company (collectively, "St. Paul"), are not opposed to this relief, so long as our opinion and judgment in favor of St. Paul on the claims against them are not disturbed and we do not vacate the trial court's order striking SCTW's cross-claim against St. Paul.
Accordingly, we grant the Joint Motion for Rehearing to Vacate Judgment and Remand for Entry of Judgment Pursuant to Settlement. We vacate the portions of our judgment relating to the controversy between SCTW and AAR, reverse the trial court's judgment on those claims, and remand that part of the case to the trial court for entry of judgment in accordance with a settlement agreement reached between them. We leave intact that portion of our judgment relating to SCTW's claims against St. Paul, affirming the trial court's judgment in favor of St. Paul.
We withdraw our judgment and mandate of October 15, 2009, and issue a new one in its stead.