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Houston Cable Tv v. Inwood West Civic Association Et Al.

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eBook details

  • Title: Houston Cable Tv v. Inwood West Civic Association Et Al.
  • Author : Supreme Court Of Utah
  • Release Date : January 19, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Seventeen neighborhood civic clubs and/or homeowners associations (Plaintiffs) sued Houston Cable TV, Inc. and others (Cable TV). After a jury trial, the trial court rendered judgment in favor of Plaintiffs. The court of appeals affirmed. 839 S.W.2d 497. After Cable TV filed an application for writ of error, Plaintiffs and Cable TV settled and filed a joint motion (pursuant to settlement) to grant application for writ of error, vacate judgment of the court of appeals and its opinion reported at 839 S.W.2d 497 and vacate judgment of the district court (joint motion to grant application). In their joint motion to grant application, they stated that "as a condition precedent to their settlement, the parties have agreed that the petitioners application for writ of error should be granted; the judgments of the court of appeals and the trial court should be vacated; the opinion of the court of appeals should be vacated, and costs should be taxed against the party incurring same." We overruled the joint motion to grant application. Plaintiffs and Cable TV have filed a joint motion for rehearing of their joint motion to grant application. They assert that if this court will not grant the relief requested in their joint motion to grant application, they alternatively ask that this court (1) grant the application for writ of error, reverse the judgment of the court of appeals and remand the cause to the court of appeals so that it may determine whether to vacate its opinion, or (2) grant the application for writ of error, vacate the judgments of the court of appeals and the trial court, and render judgment that Plaintiffs take nothing on their claims against Cable TV with all costs taxed against the party incurring the same. However, Plaintiffs and Cable TV argue that if this court now has a procedure which precludes rendition, they ask that this case be remanded either to the court of appeals or the trial court for entry of judgment in accordance with the parties settlement agreement.


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