Summary
The Texas Court of Appeals, Third District, granted the parties’ agreed motion to dismiss an appeal pursuant to their settlement agreement. The court vacated the district court’s judgment and remanded with instructions to dismiss all claims with prejudice, except claims necessary to support the final judgment and writ of expunction.
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Practice areas
Questions Presented
- Whether the court should grant the parties' agreed motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(2).
- Whether the district court's judgment should be vacated and the cause remanded with instructions consistent with the parties' settlement agreement.
Holdings
- The court granted the parties' agreed motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(2).
- The court vacated the district court's judgment and remanded the cause with instructions to dismiss all claims with prejudice, except claims required to support the district court's final judgment and writ of expunction, in accordance with the parties' agreement.
Key quotations
“Pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), we grant the parties’ agreed motion, vacate the district court’s judgment, and remand the cause to the district court with instructions to dismiss all claims with prejudice, except for those claims required to support the district court’s final judgment and writ of expunction, in accordance with the parties’ agreement.” (2)
Factual background
The parties reached a settlement agreement while the appeal was pending. They jointly requested dismissal of the appeal, vacatur of the district court's judgment, and remand with instructions to dismiss all claims with prejudice except claims necessary to support the district court's final judgment and writ of expunction.
Procedural history
The appeal arose from the District Court of Burnet County, 33rd Judicial District. After settling, the parties jointly moved to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(2). The court granted the motion, vacated the district court's judgment, and remanded for dismissal of the claims as specified in the parties' agreement.
Remand instructions
Remand to the district court with instructions to dismiss all claims with prejudice, except claims required to support the district court's final judgment and writ of expunction, in accordance with the parties' agreement.