Daniel Wiegrefe v. Jennifer Wiegrefe

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00275-CV
Daniel Wiegrefe, Appellant
v.
Jennifer Wiegrefe, Appellee
FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 16-0709-C368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Daniel Wiegrefe has filed an unopposed motion to dismiss this appeal.
Appellant states that the parties have reached a settlement agreement and asks the Court to 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. See Tex. R. App. P. 42.1(a)(2)(B).
We grant appellant’s motion in part. We 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.1 See id.
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The parties also request that this Court dismiss the appeal. However, the appeal is
disposed of by this Court’s opinion and judgment setting aside the trial court’s judgment and
remanding the case to the trial court. This Court may dismiss an appeal pursuant to an
agreement of the parties, but we are not permitted to dismiss and remand for further proceedings.
Compare Tex. R. App. P. 43.2(e), (f) (court of appeals may “(e) vacate the trial court’s judgment
and dismiss the case; or (f) dismiss the appeal”) with id. R. 42.1(a)(2)(B).
 __________________________________________
Scott K. Field, Justice
Before Chief Justice Rose, Justices Field and Toth
Vacated and Remanded
Filed: November 2, 2018
2