Unreported / Non-Citable
Background
Labatt Food Service LLC and Jonathan Caudillo appealed a final judgment entered by the 150th Judicial District Court of Bexar County in litigation involving Lucille Ezebb. The appellate opinion does not describe the underlying dispute or the terms of the trial court’s judgment.
On June 23, 2026, the parties jointly moved to abate the appeal while they finalized a settlement agreement. The Fourth Court of Appeals granted that request on June 25 and suspended appellate deadlines. After finalizing the settlement, the parties jointly asked the court to reverse the final judgment and remand the case for rendition of judgment consistent with their agreement.
The Court’s Holding
The court granted the parties’ joint motion under Texas Rule of Appellate Procedure 42.1(a)(2). It reversed the trial court’s judgment and remanded the case so the trial court could render judgment in accordance with the settlement agreement.
Under Rule 42.1(d), the court taxed appellate costs against the party that incurred them. The memorandum opinion was issued per curiam.
Key Takeaways
- Texas Rule of Appellate Procedure 42.1(a)(2) permits an appellate court to dispose of an appeal in accordance with the parties’ agreement.
- The court reversed and remanded solely to allow rendition of a judgment implementing the parties’ settlement.
- Each party remains responsible for the appellate costs that party incurred.
Why It Matters
The decision illustrates how parties may use an agreed appellate disposition to implement a settlement reached while an appeal is pending. The opinion addresses only that procedural resolution and does not decide or discuss the merits of the underlying dispute.