Unreported / Non-Citable
Background
The appeal arose from a judgment of the 89th District Court in Wichita County, Texas. The appellate opinion does not describe the underlying dispute or the terms of the trial court’s judgment.
The appellant filed an unopposed motion asking the court of appeals to set aside the judgment and remand the case. The requested remand would allow the trial court to render judgment in accordance with the parties’ agreement.
The Court’s Holding
The Texas Second Court of Appeals granted the appellant’s unopposed motion. Under Texas Rule of Appellate Procedure 42.1(a)(2)(B), it set aside the trial court’s judgment without regard to the merits and remanded the case for entry of judgment consistent with the parties’ agreement.
The court did not decide the merits of the underlying dispute. It ordered the appellant to pay all costs of the appeal under Texas Rules of Appellate Procedure 42.1(d) and 43.4.
Key Takeaways
- An appellate court may set aside a trial court’s judgment and remand for an agreed judgment under Texas Rule of Appellate Procedure 42.1(a)(2)(B).
- The disposition was based on the parties’ agreement and did not resolve the merits.
- The appellant was ordered to pay all appellate costs.
Why It Matters
The decision illustrates the procedure available when parties reach an agreement during a Texas appeal and seek implementation of that agreement in the trial court.
Because the court set aside the judgment without regard to the merits, the opinion establishes no substantive ruling about the otherwise undescribed underlying dispute.