Summary
This memorandum opinion from the Eleventh Court of Appeals of Texas resolves an appeal following the parties' filing of an agreed motion to dismiss based on a settlement. The court grants the motion, vacates the trial court's judgment without addressing the merits, and remands the case for entry of a judgment consistent with the settlement agreement. The ruling applies Texas Rule of Appellate Procedure 42.1(a)(2)(B).
Court
Texas Court of Appeals, 11th District (Eastland)
Writing for the Court
W. Bruce Williams; Bailey, C.J.; Trotter, J.; Williams, J.
Jurisdiction
Texas
Decision date
April 10, 2025
Docket number
11-24-00287-CV
Procedural posture
Appeal from the 161st District Court Ector County, Texas Trial Court
Precedential value
published
Parties
Thomas Ed Cole; Christopher Cole, Individually and as Independent Administrator of the Estate of Roy Franklin Cole, Deceased; and Christine Cole v. Apache Corporation and Permian Basin Joint Venture LLC
Disposition
remanded
Topics
appellate proceduremotions to dismiss
Practice areas
civil procedure
Questions Presented
- Whether the appellate court should set aside the trial court’s judgment without regard to the merits and remand the case pursuant to the parties’ settlement agreement.
Holdings
- The court set aside the trial court’s judgment without regard to the merits and remanded the case to the trial court for the rendition of a judgment in accordance with the parties’ settlement agreement.
Key quotations
“We grant the parties’ agreed motion, set aside the trial court’s judgment without regard to the merits, and remand the case to the trial court for the rendition of a judgment in accordance with the parties’ settlement agreement.” (at 1)
Procedural history
The appellants appealed the trial court’s judgment; the parties subsequently filed an agreed motion to dismiss the appeal pursuant to a settlement agreement.
Remand instructions
Remand the case to the trial court for the rendition of a judgment in accordance with the parties’ settlement agreement.
Court Document
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