04102008

Joe K. Batchelor v. Unifund CCR Partners--

Appeal from County Civil Court at Law No. 2 of Montgomery County

Annotate this Case

Opinion filed April 10, 2008

In The

Eleventh Court of Appeals

__________

No. 11-07-00219-CV

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JOE K. BATCHELOR, Appellant

V.

UNIFUND CCR PARTNERS, Appellee

On Appeal from the County Civil Court at Law No. 2

Montgomery County, Texas

Trial Court Cause No. 06-08-07940-CV

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

Unifund CCR Partners sued Joe K. Batchelor for $13,306.29 owed on a sworn account.

The trial court granted Unifund=s motion for summary judgment

and awarded it a judgment against Batchelor.

Batchelor filed this appeal.

Unifund has now filed in this court a motion to dismiss the appeal as moot.

Unifund states in its motion that a business and economic decision

has been made that any further defense of this judgment would not be worthwhile

and that it is willing to agree to a rendition that it take nothing.

Unifund further states that Batchelor has refused

to agree to any resolution of this appeal.

While Unifund asks that the appeal be dismissed as moot,

Unifund also asks in the alternative that the judgment be reversed

and that this court enter a take-nothing judgment.

Batchelor has filed a response to Unifund=s motion

in which he asserts that Unifund is Aflooding the courts with frivolous lawsuits@

and asks this court to order Unifund to answer his Apretrial interrogatories.@

Batchelor further asks this court to impose sanctions not only on Unifund

but also on its counsel.

All of Batchelor=s allegations, contentions, and requests in his response

have been considered, and each is overruled.

Unifund=s motion is granted in part.

The judgment of the trial court is vacated,

and a judgment is entered that Unifund CCR Partners take nothing in its suit

on Sworn Account No. 4839107000932493 against Joe K. Batchelor.

PER CURIAM

April 10, 2008

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.