In the Interest of B.M., a Child v. the State of Texas ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00063-CV
___________________________
IN THE INTEREST OF B.M., A CHILD
On Appeal from the 360th District Court
Tarrant County, Texas
Trial Court No. 360-696318-21
Before Womack, Wallach, and Walker, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
We have considered the parties’ “Rule 42.1(a)(2) Joint Motion to Dismiss
Appeal and Remand to Trial Court for Entry of Agreed Final Judgment.” It is the
court’s opinion that the motion should be granted; therefore, we set aside the trial
court’s judgment without regard to the merits and remand this case to the trial court
to render judgment in accordance with the parties’ agreement.1 See Tex. R. App. P.
42.1(a)(2)(B); Innovative Off. Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995)
(order).
Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.
Per Curiam
Delivered: June 22, 2023
Although the phrase “Joint Motion to Dismiss” appears in the title of the
1
motion, the parties do not actually request that we dismiss this appeal—and
understandably so, because “we cannot both set aside the trial court’s judgment and
dismiss [an] appeal.” Lone Tree Res. & Consulting, Inc. v. Persepolis, Inc., No. 02-21-
00246-CV, 2021 WL 6143641, at *1 (Tex. App.—Fort Worth Dec. 30, 2021, no pet.)
(per curiam) (mem. op.).
2