City of Harlingen v. Monica Ann Schoonover

Summary

The Thirteenth Court of Appeals of Texas granted the parties’ amended joint motion to set aside the trial court’s judgment after they reported settling the matter. The court vacated the final judgment, remanded for rendition of a dismissal judgment under the settlement agreement, denied pending motions as moot, and stated that no motion for rehearing would be entertained.

Holdings

1. Under Texas Rule of Appellate Procedure 42.1(a)(2)(B), the court may set aside the trial court's judgment without regard to the merits and remand for rendition of a judgment in accordance with the parties' settlement agreement. The court therefore granted the amended joint motion, vacated the final judgment, and remanded for rendition of a judgment of dismissal.

Questions Presented

1. Whether the appellate court should grant the parties' amended joint motion to set aside the trial court's judgment and remand for rendition of a judgment of dismissal after the parties settled the matter.

Disposition

vacated