Summary
The Texas Court of Appeals for the Eighth District granted the parties’ joint motion to dismiss the appeal following settlement. The court set aside the trial court’s judgment without regard to the merits and remanded for entry of an order dismissing the case with prejudice, taxing appellate costs against the appellant.
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Practice areas
Questions Presented
- Whether the court should grant the parties' joint motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B) to set aside the trial court's judgment without regard to the merits and remand for entry of a dismissal with prejudice.
- How appellate costs should be assessed when the parties' settlement motion does not specify an alternate agreement regarding costs.
Holdings
- 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 judgment in accordance with the parties' settlement agreement. The court granted the parties' joint motion, set aside the trial court's judgment, and remanded for entry of an order dismissing the case with prejudice.
- Because the parties' motion did not specify that they had agreed otherwise, costs of appeal were taxed against the appellant.
Key quotations
“This Court has the authority to set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreements.”
“We hereby set aside the trial court’s judgment and remand the case for entry of an order of dismissal with prejudice in accordance with the parties’ agreement.”
Factual background
The parties reached an agreement to settle and compromise their differences while the appeal was pending. They jointly requested that the appellate court vacate the trial court's judgment without regard to the merits and remand for dismissal of the case with prejudice.
Procedural history
The appeal arose from a judgment of the 171st Judicial District Court of El Paso County, Texas, in trial-court cause number 2004-3717. During the appeal, the parties represented that they had settled and jointly requested relief under Texas Rule of Appellate Procedure 42.1(a)(2)(B). The court granted the motion, set aside the trial court's judgment, and remanded for entry of an order dismissing the case with prejudice.
Remand instructions
Set aside the trial court's judgment and remand for entry of an order dismissing the case with prejudice in accordance with the parties' agreement.