Brian Matthew Crabbe v. Brittny Michelle Sanders

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 02-22-00301-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00301-CV ___________________________

BRIAN MATTHEW CRABBE, Appellant

V.

BRITTNY MICHELLE SANDERS, Appellee

On Appeal from the County Court at Law Hood County, Texas Trial Court No. C08061

Before Kerr, Birdwell, and Wallach, JJ. Memorandum Opinion by Justice Kerr MEMORANDUM OPINION AND JUDGMENT

We have considered Appellant’s “Unopposed Motion to Set Aside the Trial

Court’s Judgment, Remand the Case to the Trial Court for Rendition of Judgment,

and Dismiss the Appeal.” In this unopposed motion, Appellant represents that the

parties have reached an agreement to settle the case. As part of that agreement, 1

Appellant asks us to set aside the trial court’s judgment without regard to the merits,

to remand the case to the trial court for rendition of judgment in accordance with the

parties’ settlement agreement, and to dismiss the appeal. Based on Appellant’s

unopposed representation of the parties’ settlement agreement, we grant the motion

as to Appellant’s request that we set aside the trial court’s judgment and remand the

case to the trial court. See Robertson v. Robertson, No. 02-21-00387-CV,

2022 WL 1183339, at *1 (Tex. App.—Fort Worth Apr. 21, 2022, no pet.) (per curiam)

(mem. op.); see also Tex. R. App. P. 42.1(a)(2)(B). We deny the rest of the motion. See

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.) (“Because we cannot both set aside the trial court’s judgment and dismiss

the appeal, we deny the motion as to the parties’ request that we dismiss the appeal.”);

see also Tex. R. App. P. 43.2(d), (f).

1 Neither party has filed a copy of the parties’ settlement agreement with this court. See Tex. R. App. P. 42.1(a)(2).

2 Accordingly, we set aside the trial court’s September 2, 2022 Amended Final

Judgment without regard to the merits and remand this case to the trial court to

render judgment in accordance with the parties’ agreement. See Tex. R. App. P.

42.1(a)(2)(B). Each party must bear its own appellate costs. See Tex. R. App. P.

42.1(d), 43.4.

/s/ Elizabeth Kerr Elizabeth Kerr Justice

Delivered: August 31, 2023