TX-STAR Speech-Language Services, Corp. v. Andrea Sabatino and Elite Learning Solutions, Limited Liability Company

Summary

The Thirteenth Court of Appeals of Texas granted the parties’ joint motion to dismiss an appeal after they reached an agreement. The court vacated the trial court’s order denying a motion to seal court records, dismissed the appeal, remanded for rendition of judgment consistent with the agreement, and dismissed pending motions as moot.

Holdings

1. Under Texas Rule of Appellate Procedure 42.1(a)(2), the court may grant the parties' agreed request by setting aside the trial court's judgment without regard to the merits, dismissing the appeal, and remanding for rendition of judgment in accordance with the agreement.
2. After dismissing the appeal at the parties' request, the court dismissed all pending motions as moot and stated that no motion for rehearing would be entertained.

Questions Presented

1. Whether the court should grant the parties' joint motion under Texas Rule of Appellate Procedure 42.1(a)(2) by vacating the trial court's order without regard to the merits, dismissing the appeal, and remanding for rendition of judgment in accordance with the parties' agreement.
2. Whether the pending motions should be dismissed as moot after dismissal of the appeal.

Disposition

dismissed