Philip C. Mount v. Julie E. Mount ( 2004 )

Affirmed in Part and Reversed and Remanded in Part and Memorandum Opinion filed March 25, 2004

Affirmed in Part and Reversed and Remanded in Part and Memorandum Opinion filed March 25, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-01409-CV

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PHILIP C. MOUNT, Appellant

V.

JULIE E. MOUNT, Appellee

On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No.  03-04129

M E M O R A N D U M   O P I N I O N

This is an appeal from a divorce decree signed October 10, 2003.

On March 11, 2004, the parties filed a joint motion to reverse a portion of the divorce decree and remand the cause to the trial court.  See Tex. R. App. P. 42.1.  Specifically, the parties ask that we reverse that portion of the decree relating to the partition of the parties= marital estate and providing for appellant=s periods of possession and access to the parties= minor child.  The motion is granted.

Accordingly, we reverse that portion of the decree relating to the partition of the parties= marital estate and providing for appellant=s periods of possession and access to the parties= minor child without reference to the merits and we remand it to the trial court for entry of judgment in accordance with the parties= settlement agreement. See Innovative Office Systems, Inc. v. Johnson, 911 SW2d 387,388 (Tex.1995).  We affirm the remainder of the decree.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 25, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.