Gretchen Frumess v. Lynn Trabing and Anita Croft ( 2018 )

NUMBER 13-17-00461-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GRETCHEN FRUMESS, Appellant,
v.
LYNN TRABING AND ANITA CROFT, Appellees.
On appeal from the County Court at Law No. 6
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Rodriguez
This case is before the Court on appellant’s unopposed motion to dismiss the
appeal. The parties have reached an agreement with regard to the disposition of the
matters currently on appeal. Pursuant to agreement, the parties request this Court to
dismiss the appeal without judgment and remand this case to the trial court for rendition
of a judgment in accordance with the agreement of the parties.
The Court has considered the motion and it is the Court’s opinion that the motion
should be granted in part and denied in part. 1 Appellant’s motion to set aside and
remand is GRANTED. Accordingly, we set aside the trial court’s judgment without
regard to the merits, and REMAND this case to the trial court for rendition of judgment in
accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).
Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent
agreement of the parties, the court will tax costs against the appellant.").
NELDA V. RODRIGUEZ
Justice
Delivered and filed the 18th
day of January, 2018.
1
Texas Rule of Appellate Procedure 42.1(a) permits the appellate court to dispose of an appeal in
accordance with an agreement signed by the parties or their attorneys and filed with the clerk. See TEX.
R. APP. P. 42.1(a). This motion requests dismissal of the appeal and remand for entry of further orders by
the trial court in accordance with the settlement. While this Court may dismiss an appeal pursuant to an
agreement by the parties, we are not permitted to dismiss and remand for further proceedings. See id.,
42.1(a)(2)(B).
2