Esco Communications, Inc. v. Billy and Ethel Dawson ( 2000 )

Esco Communications, Inc. v. Billy and Ethel Dawson, et al

    IN THE

TENTH COURT OF APPEALS

No. 10-00-192-CV

     ESCO COMMUNICATIONS, INC.,

                                                                         Appellant

     v.

     BILLY AND ETHEL DAWSON, ET AL,

                                                                         Appellees

From the 249th District Court

Johnson County, Texas

Trial Court # 249-245-98

O P I N I O N

      On July 17, 2000, Appellant Esco Communications, Inc. and Appellees Billy and Ethel Dawson, individually and as representatives of the Estate of Luke Bryan Dawson filed a joint motion to remand this case for rendition of a judgment pursuant to a settlement agreement among the parties. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

            (1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

      The joint motion is signed by the parties’ attorneys. In the motion, the parties state that they have reached a settlement and ask that we reverse the trial court’s judgment and remand the cause for rendition of a take-nothing judgment. The parties also indicate that their agreement provides that all court costs are to be taxed against Esco Communications.

      Rule 42.1(a)(1) authorizes us to dispose of an appeal in accordance with the parties agreement. This includes the ability to reverse the trial court’s judgment pursuant to a settlement between the parties. See Polley v. Odom, 963 S.W.2d 917, 917-18 (Tex. App.—Waco 1998, no pet.). Therefore, without reference to the merits of this appeal, we reverse the trial court judgment and remand this cause to that court for rendition of a judgment pursuant to the parties’ agreement. In accordance with the parties’ motion, costs are taxed against Esco Communications.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Reversed and remanded

Opinion delivered and filed July 26, 2000

Do not publish

style="text-align: justify">Do not publish