Unreported / Non-Citable
Background
Ejike Ujoatu appealed a judgment entered in favor of or involving Drexel University by the 284th District Court of Montgomery County, Texas. The memorandum opinion does not describe the underlying dispute or the substance of the trial court’s judgment.
After settling the dispute, Ujoatu and Drexel filed an agreed motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B). They asked the appellate court to set aside the trial court’s judgment without considering the merits and remand the case for entry of a judgment implementing their settlement agreement.
The Court’s Holding
The Ninth Court of Appeals granted the parties’ agreed motion. It vacated the trial court’s judgment without reference to the merits and remanded the case to the trial court for rendition of judgment in accordance with the settlement agreement.
The court relied on Texas Rules of Appellate Procedure 42.1(a)(2)(B) and 43.2(d). It did not decide any substantive issue raised in the appeal.
Key Takeaways
- Texas appellate procedure permits parties who settle an appeal to seek vacatur of the trial court’s judgment and remand for entry of an agreed judgment.
- The trial court’s judgment was vacated without any ruling on its substantive correctness.
- On remand, the trial court must render judgment consistent with the parties’ settlement agreement.
Why It Matters
The disposition illustrates how settlement during a Texas civil appeal can eliminate the existing judgment and return the case to the trial court for implementation of the parties’ agreement. Because the appellate court did not reach the merits, the opinion establishes no substantive rule concerning the underlying dispute.