Danny Lee Dubberly v. Cathryn Joy Dubberly

Summary

The Thirteenth Court of Appeals of Texas reinstated the appeal after abatement for mediation and granted the parties’ agreed motion to reverse and set aside the trial court’s judgment without regard to the merits. The court remanded the case for entry of an agreed judgment, taxed costs against the party incurring them, and directed immediate issuance of the mandate.

Holdings

1. The court granted the parties' agreement, reversed and set aside the trial court's July 7, 2014 judgment without regard to the merits, and remanded the cause for disposition in accordance with the agreement, including entry of an agreed judgment.
2. The court granted the parties' request for immediate issuance of the mandate and directed the clerk to issue it immediately.

Questions Presented

1. Whether the appellate court should grant the parties' agreed motion to reverse and set aside the trial court's judgment without reaching the merits.
2. Whether the mandate should issue immediately pursuant to the parties' request.

Disposition

reversed_and_remanded