Unreported / Non-Citable
Background
Jorge Barajas and Susana Cano were parties to a marriage proceeding in Hidalgo County Court at Law No. 7. After the trial court entered judgment, the matter reached the Texas Thirteenth Court of Appeals.
The appellate court previously abated the appeal and referred the parties to mediation. The parties subsequently reached a mediated settlement agreement and filed a joint motion, signed by the parties and their counsel, requesting disposition of the appeal in accordance with that agreement.
The Court’s Holding
The court reinstated the appeal and granted the parties’ joint motion under Texas Rule of Appellate Procedure 42.1(a)(2). Without addressing the merits, it set aside the trial court’s judgment and remanded the case for the trial court to render judgment in accordance with the mediated settlement agreement.
The court taxed appellate costs against the party who incurred them. Because the appeal was resolved at the parties’ request, the court stated that it would not entertain motions for rehearing or reconsideration and directed the clerk to issue the mandate contemporaneously with the memorandum opinion and judgment.
Key Takeaways
- An appellate court may set aside a trial-court judgment and remand for an agreed judgment when the parties settle during the appeal.
- The court did not decide the merits of the underlying marital dispute.
- The mandate issued immediately, and each party remained responsible for the appellate costs that party incurred.
Why It Matters
The decision illustrates the procedural route available when mediation resolves a Texas civil appeal: the parties may jointly request that the appellate court vacate the existing judgment without reaching the merits and return the case for entry of a judgment implementing their agreement.