Ashley Thomas v. DM Arbor Court

Opinion

Joint Motion for Entry of Agreed Order Granted and Order of Abatement filed March 5, 2020.

In The

Fourteenth Court of Appeals

NO. 14-19-00048-CV

ASHLEY THOMAS, Appellant

V.

DM ARBOR COURT, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas

Trial Court Cause No. 1119150

ORDER

Appellant, Ashley Thomas, and Appellee, DM Arbor Court, filed a Joint Motion for Entry of Agreed Order. They asserted in their joint motion that they “agreed to a settlement of this appeal” pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(A) and (B). They stated: “Specifically, the parties have agreed that the trial court’s final judgment be set aside and vacated without regard to the merits and the case be remanded to the trial court for the filing of a notice

2

nonsuiting all claims in the lawsuit with prejudice.” Further, the parties “jointly pray[ed] this Court set aside the trial court’s final judgment without regard to the merits and remand this case to the trial court for the filing of a notice of nonsuit with prejudice in accordance with the parties’ agreement pursuant to TRAP 42.1(a)(2)(A) and (B).”

Texas Rule of Appellate Procedure 42.1(a)(2)(A) and (B) does not allow this Court to “set aside the trial court’s final judgment without regard to the merits and remand this case to the trial court for the filing of a notice of nonsuit with prejudice.” See Tex. R. App. P. 42.1(a)(2)(A), (B). However, Texas Rule of Appellate Procedure 42.1(a)(2)(C) provides that this court may “abate the appeal and permit proceedings in the trial court to effectuate the agreement” of the parties. See Tex. R. App. P. 42.1(a)(2)(C).

Accordingly, we grant the parties’ joint motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(C) and abate the appeal to permit proceedings in the trial court, i.e. “the filing of a notice of nonsuit with prejudice”, to effectuate the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(C). The parties are instructed to file a supplemental clerk’s record in this Court within 10 days of any action taken in the trial court showing the action(s) taken.

PER CURIAM

Panel Consists of Justices Bourliot, Hassan, and Poissant.