William Terry Harper v. Cheryl Fieglein Harper ( 2011 )

Motion Granted; Affirmed in Part and Reversed and Remanded in Part; and Memorandum Opinion filed September 13, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00454-CV

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WILLIAM TERRY HARPER, Appellant

V.

CHERYL FIEGLEIN HARPER, Appellee

On Appeal from the 312th District Court

Harris County, Texas

Trial Court Cause No. 2010-66036

M E M O R A N D U M   O P I N I O N

            This is a restricted appeal from a default final decree of divorce signed February 8, 2011.  On June 16, 2011, this court abated the appeal and referred the case to mediation.  On August 15, 2011, the mediator advised this court that the case had settled in mediation. 

            On August 29, 2011, the parties filed a joint motion to reverse the property division portion of the judgment and remand the cause to the trial court for rendition of a modified decree in accordance with the terms of the parties’ mediated settlement agreement.  See Tex. R. App. P. 42.1.  We order the appeal reinstated and grant the motion.

            Accordingly, we reverse only those portions of the judgment concerning the parties’ property division, and we remand those portions of the cause to the trial court for rendition of a modified decree of divorce in accordance with the terms of the parties’ mediated settlement agreement.  The remainder of the judgment, including the portion of the judgment granting the parties’ divorce as of February 8, 2011, is affirmed.  The mandate of the court shall issue immediately.

PER CURIAM

Panel consists of Justices Frost, Seymore, and Jamison.