Unreported / Non-Citable
Background
Jesus S. Cortez and Edna Esther Cortez appealed a judgment from the 93rd District Court of Hidalgo County, Texas, in litigation against Benito Navarro Uribe.
At the parties’ request, the court of appeals abated the appeal so they could continue settlement negotiations. After reaching an agreement, the parties jointly filed an agreed motion asking the appellate court to set aside the trial court’s judgment and remand the case for disposition consistent with their settlement.
The Court’s Holding
The Texas Thirteenth Court of Appeals reinstated the appeal and granted the parties’ agreed motion under Texas Rule of Appellate Procedure 42.1(a)(2).
Without considering the merits, the court set aside the trial court’s judgment and remanded the case for the trial court to render judgment in accordance with the parties’ agreement. It taxed appellate costs against the party that incurred them and stated that it would entertain no motions for rehearing.
Key Takeaways
- Texas appellate rules permit an agreed disposition of an appeal based on the parties’ settlement.
- The court set aside the trial court’s judgment without reaching or expressing a view on the merits.
- The trial court must render judgment consistent with the settlement agreement, and each party bears the appellate costs it incurred.
Why It Matters
The decision illustrates how parties may use an agreed appellate motion to implement a settlement reached while an appeal is pending. The appellate court may set aside the existing judgment and return the case to the trial court for entry of an agreed judgment without deciding the underlying legal issues.