I may need to get to San Marcos (MBNA case, 3rd COA)

centex · 12-14-2007, 11:49 AM

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00222-CV

FIA Card Services, N.A. f/k/a MBNA America Bank, N.A., Appellant

v.

Catherine V. Alloggio, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY

NO. 8669-C, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

FIA Card Services, N.A. f/k/a MBNA America Bank, N.A., and Catherine V. Alloggio have filed an agreed motion to reverse, vacate, and remand the underlying judgment in this case. The agreed motion provides that upon remand, the parties will file mutual dismissals with prejudice. Accordingly, we grant the motion and set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B).

____________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Waldrop

Vacated and Remanded

Filed: December 14, 2007
~~~~~~~

For there to be an agreed recommendation, it makes me wonder what Ms. Alloggio had on the bastards, err...MBNA. Unfortunately, Hays County does not have a lot of stuff imaged and available for online viewing.

VexatiousLitigant · 12-14-2007, 01:31 PM

Drive over there, Texas is a pretty small state right?

jlynn · 12-14-2007, 01:50 PM

I would wait until after Christmas...I personally wouldn't go anywhere near the outlet mall right now.

centex · 12-14-2007, 02:16 PM

Quote:

Originally Posted by jlynn

I would wait until after Christmas...I personally wouldn't go anywhere near the outlet mall right now.

Not to mention the mess around Cabela's (in Buda)...

Distance certainly isn't the problem...it is the dodging of traffic. I'd be tempted to take the Miata over there using some of the back roads, but the weather sucks (rain and sub-50 temps don't make the drive enough of a choice even knowing that I would be going past the original Salt Lick [as opposed to the fru-fru SaltLick360 near the house]).

VexatiousLitigant · 12-14-2007, 08:03 PM

Quote:

Originally Posted by centex

Not to mention the mess around Cabela's (in Buda)...

Distance certainly isn't the problem...it is the dodging of traffic. I'd be tempted to take the Miata over there using some of the back roads, but the weather sucks (rain and sub-50 temps don't make the drive enough of a choice even knowing that I would be going past the original Salt Lick [as opposed to the fru-fru SaltLick360 near the house]).

Don't date yourself like this.

hannah · 12-14-2007, 08:15 PM

Quote:

Originally Posted by VexatiousLitigant

Don't date yourself like this.

Not to mention don't put the top down if it's the convertible model.

centex · 12-14-2007, 08:32 PM

Quote:

Originally Posted by hannah

Not to mention don't put the top down if it's the convertible model.

As opposed to the ever-so-rare model of the Miata that was not a convertible???

And...those that mock the Miata have obviously never driven one or don't know *how* to drive.

hannah · 12-14-2007, 08:51 PM

Quote:

Originally Posted by centex

As opposed to the ever-so-rare model of the Miata that was not a convertible???

And...those that mock the Miata have obviously never driven one or don't know *how* to drive.

I have seen that ever so rare model as two friends have one but another friend of mine has the convertible model and runs around this time of year dressed in a Santa suit with a mounted 10 pt. deer head decked in tinsel and lights in the other seat...with the top down.... But I had to ask...mockingly of course...

centex · 12-14-2007, 08:58 PM

Hannah, there was a removable hardtop that was available as an option...it does actually help stiffen the chassis flex for track purposes. However, it is not fun to drive on the roads with the top up or the removable hard-top in place. And...there are no Miatae that were sold in non-convertible form...

hannah · 12-14-2007, 09:05 PM

Quote:

Originally Posted by centex

Hannah, there was a removable hardtop that was available as an option...it does actually help stiffen the chassis flex for track purposes. However, it is not fun to drive on the roads with the top up or the removable hard-top in place. And...there are no Miatae that were sold in non-convertible form...

Then I guess they are using the removable hardtop. I have never seen their car without it and never seen it in convertible mode. Perhaps I will call them and ask about it.

Miatae? I take it that is the species? Do you have the Latin on that?

centex · 12-14-2007, 09:09 PM

Miatae would be the plural

And day-umm yall can hijack a thread...

tonybologna · 12-14-2007, 09:14 PM

Quote:

Originally Posted by hannah

Then I guess they are using the removable hardtop. I have never seen their car without it and never seen it in convertible mode. Perhaps I will call them and ask about it.

Miatae? I take it that is the species? Do you have the Latin on that?

As they say in Bean Town,"Miatas are wicked gay, buddy".

VexatiousLitigant · 12-14-2007, 11:45 PM

Quote:

Originally Posted by centex

As opposed to the ever-so-rare model of the Miata that was not a convertible???

And...those that mock the Miata have obviously never driven one or don't know *how* to drive.

I'm not mocking the car so much as I'm amused by the fact that it's the car of choice for those going through a mid life crisis.

jlynn · 12-15-2007, 06:07 AM

Quote:

Originally Posted by VexatiousLitigant

I'm amused by the fact that it's the car of choice for those going through a mid life crisis.