Dan Jones v. Andre Castro and Sienna Roofing LLC

Summary

The Texas Court of Appeals for the First District considered the parties’ joint agreed motion for disposition based on a settlement agreement. The court construed the motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B), set aside the trial court’s judgment without regard to the merits, and remanded for rendition of judgment consistent with the parties’ agreement.

Holdings

1. When the parties jointly request disposition under Texas Rule of Appellate Procedure 42.1(a)(2)(B) to effectuate a settlement agreement, the appellate court may construe the request as a motion to set aside the trial court's judgment and remand for rendition of judgment in accordance with the agreement.

Questions Presented

1. Whether the parties' joint agreed motion should be construed and granted under Texas Rule of Appellate Procedure 42.1(a)(2)(B) to set aside the trial court's judgment and remand for rendition of judgment in accordance with the settlement agreement.

Disposition

reversed_and_remanded