Steve Wayne Allen v. SueJo Brown ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00274-CV
STEVE WAYNE ALLEN APPELLANT
V.
SUEJO BROWN APPELLEE
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FROM THE 16TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
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We have considered appellant’s AMotion For Dismissal And Remand To
Trial Court,@ along with the settlement agreement attached thereto, requesting
that we abate this appeal and permit proceedings in the trial court to effectuate
the settlement agreement and that we set aside the arbitrated judgment without
regard to the merits. It is the court=s opinion that the motion should be granted in
1
See Tex. R. App. P. 47.4.
part and denied in part. 2 Accordingly, without regard to the merits, we set aside
the arbitrated judgment and remand this 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).
Costs of the appeal shall be paid by the party incurring the same, for which
let execution issue. See Tex. R. App. P. 43.4.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DELIVERED: November 10, 2011
2
That is, the parties ask us to abate this case until the trial court’s
proceedings to effectuate this settlement agreement are complete and to set
aside the arbitrated judgment and remand this case to the trial court for rendition
of judgment. See Tex. R. App. P. 42.1(a)(2)(B), (C). Rule 42.1(a)(2), however,
permits us to set aside the trial court=s judgment and remand the case to the trial
court for rendition of judgment in accordance with the agreement or to abate the
appeal and permit proceedings in the trial court to effectuate the agreement; we
cannot do both. See Tex. R. App. P. 42.1(a)(2)(B), (C); see also Cunningham v.
Cunningham, No. 02-08-00362-CV, 2008 WL 5479677, at *1 n.2 (Tex. App.CFort
Worth Oct. 30, 2008, no pet.) (mem. op.).
2