in the Interest of M.S. and M.S., Children ( 2018 )

Set Aside Judgment and Remand and Opinion Filed August 17, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01327-CV IN THE INTEREST OF M.S. AND M.S., CHILDREN On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause Nos. 85,193 & 85,127 MEMORANDUM OPINION NUNC PRO TUNC Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Francis Before this Court is the parties’ Amended Joint Expedited Motion to Set Aside Judgment and Remand to the Trial Court filed July 27, 2018. In the motion, the parties state they have entered into a mediated settlement agreement in which they agreed, among other things, to dismiss this consolidated appeal and mandamus. They request that, pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(B), we set aside the trial court’s judgment without regard to the merits and remand the case. We grant the parties’ motion. We set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. TEX. R. APP. P. 42.1(a)(2)(B). /Molly Francis/ MOLLY FRANCIS 171327F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT NUNC PRO TUNC IN THE INTEREST OF M.S. AND M.S., On Appeal from the 354th Judicial District CHILDREN Court, Hunt County, Texas Trial Court Cause Nos. 85,193 & 85,127. No. 05-17-01327-CV Opinion delivered by Justice Francis. Justices Fillmore and Whitehill participating. In accordance with this Court’s opinion of this date, the parties’ Amended Joint Expedited Motion to Set Aside Judgment and Remand to the Trial Court is GRANTED. The judgment of the trial court is SET ASIDE and this case is REMANDED to the trial court for rendition of judgment in accordance with the parties' agreement. It is ORDERED that each party bear its own costs of this appeal. Judgment entered August 17, 2018. –2–