Billy Thomas and Paisano Ready Mix, Inc. v. Alice Reese ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00338-CV
___________________________
BILLY THOMAS AND PAISANO READY MIX, INC., Appellants
V.
ALICE REESE, Appellee
On Appeal from the 141st District Court
Tarrant County, Texas
Trial Court No. 141-272720-14
Before Sudderth, C.J.; Gabriel and Womack, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
We have considered “Appellant’s Agreed Motion to Effectuate Settlement,” in
which appellants request that we vacate the trial court’s September 26, 2018 judgment
and dismiss this appeal in accordance with the parties’ settlement agreement. Tex. R.
App. P. 42.1(a)(2)(A). Rule 42.1(a)(2)(A), however, does not allow this court to both
vacate the trial court’s judgment and dismiss the appeal. See Tex. R. App. P.
42.1(a)(2)(A), (B); see also Cunningham v. Cunningham, No. 02-08-00362-CV, 2008 WL
5479677, at *1 n.2 (Tex. App.—Fort Worth Oct. 30, 2008, no pet.) (mem. op.).
Furthermore, neither party to this appeal has filed a copy of the parties’ settlement
agreement in this court. It is therefore the court’s opinion that the motion should be
granted in part and denied in part. See Tex. R. App. P. 42.1(a)(2), 43.2(d).
Accordingly, without regard to the merits, we set aside the trial court’s
judgment and remand the case to the trial court for rendition of judgment in
accordance with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B),
43.2(d); Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995).
/s/ Dana Womack
Dana Womack
Justice
Delivered: February 28, 2019
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