Razor Services, Inc. and Ovelio Quero v. Jared Pena ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
RAZOR SERVICES, INC and OVELIO § No. 08-23-00252-CV
QUERO,
§ Appeal from the
Appellants,
§ 143rd Judicial District Court
v.
§ of Reeves County, Texas
JARED PENA,
§ (TC#21-10-24172-CVR)
Appellee.
MEMORANDUM OPINION
Before this Court is the parties’ joint motion to dismiss this appeal and render judgment
effectuating the parties’ agreement pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and
42.1(a)(2)(A). In the motion, the parties state that they reached a resolution of the matter through
mediation and attach a Rule 11 Agreement indicating that they have agreed to execute a settlement
agreement and exchange a settlement payment, thereby obviating the need for this appeal.
Texas Rule of Appellate Procedure 42.1 provides the actions a court may take to dispose
of an appeal on the motion of the appellant or by agreement of the parties. On the motion of the
appellant, a court may dismiss the appeal. TEX. R. APP. P. 42.1(a)(1). When parties file an
agreement signed by all parties or their attorneys, the court may: “(A) render judgment effectuating
the parties’ agreement; (B) set aside the trial court’s judgment without regard to the merits and
remand the case to the trial court for rendition of judgment in accordance with the agreement; or
(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.” TEX.
R. APP. P. 42.1(a)(2)(A)–(C).
The parties have not filed a settlement agreement with the clerk as required by
Rule 42.1(a)(1); thus, this Court is prevented from rendering a judgment effectuating an
agreement. TEX. R. APP. P. 42.1(a)(1)(2). Instead, we invoke Rule 42.1(a)(2)(B) to accomplish the
parties’ request in their motion. Treating the parties’ motion as seeking relief under Rule
42.1(a)(2)(B), we grant the motion and hereby set aside the trial court’s judgment without regard
to the merits and remand the case to the trial court for rendition of judgment in accordance with
the parties’ agreement.
LISA J. SOTO, Justice
December 18, 2023
Before Alley, C.J., Palafox, and Soto, JJ.
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