West Travis County Public Utility Agency v. Weekley Homes, LLC ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00094-CV
WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY, ET AL., APPELLANTS
V.
WEEKLEY HOMES LLC, APPELLEE
On Appeal from the 200th District Court
Travis County, Texas1
Trial Court No. D–1–GN–20–002291, Honorable Maria Cantu Hexsel, Presiding
April 7, 2022
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Weekley Homes, LLC sued West Travis County Public Utility Agency and Jennifer
Reichers, in her official capacity as the agency’s general manager, (collectively the PUA).
The PUA answered with a plea to the trial court’s jurisdiction and a general denial. The
1 Originally appealed to the Third Court of Appeals, this case was transferred to this Court by order
of the Supreme Court of Texas pursuant to its docket equalization procedure. See TEX. GOV’T CODE ANN.
§ 73.001.
trial court granted the plea to the jurisdiction in part and denied it in part. Weekley and
the PUA each filed notices of appeal.2
Now pending before this Court is the parties’ “Joint Motion to Remand” in which
they represent they have reached “a settlement resolving all of the claims and
controversies between them.” They accordingly request that we set aside the trial court’s
order and remand the cause to the trial court for rendition of an agreed order. The motion
is signed by counsel for all parties. Pursuant to Texas Rule of Appellate Procedure
42.1(a)(2)(B), we grant the motion, set aside the trial court’s order without regard to the
merits of the appeal, and remand the cause to the trial court for rendition of an order
according to the agreement of the parties. Per the agreement of the parties, costs are
taxed against the party incurring them. Having set aside the trial court’s order at the
request of the parties, no motion for rehearing will be entertained and our mandate will
issue forthwith.
Per Curiam
2 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (providing an appeal from an interlocutory
order that grants or denies a plea to the jurisdiction by a governmental unit).
2