In the Interest of J. J. L., a Child

Summary

The Thirteenth Court of Appeals of Texas considered the parties' agreed motion concerning a SAPCR order, venue ruling, and transfer of the case. The court vacated the trial court's January 29, 2009 SAPCR order and remanded the case for rendition of judgment in accordance with the parties' settlement agreement, taxing costs against the party incurring them.

Holdings

1. Under Texas Rule of Appellate Procedure 42.1(a)(2), the appellate court may either render judgment effectuating the parties' agreement or vacate the trial court's judgment and remand for rendition of judgment in accordance with the agreement; it may not do both.
2. The trial court's January 29, 2009 SAPCR order was vacated, and the case was remanded for rendition of judgment in accordance with the parties' settlement agreement.

Questions Presented

1. Whether the appellate court could both vacate the trial court's judgment and render judgment effectuating the parties' agreement under Texas Rule of Appellate Procedure 42.1(a)(2).
2. What relief should be granted on the parties' agreed motion to vacate the SAPCR order and effectuate their settlement agreement.

Disposition

reversed_and_remanded