D. Davenport v. Indian Creek LP

• Court: Court of Appeals of Texas
• Decided: June 6, 2024
• Docket: 02-24-00052-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00052-CV ___________________________

D. DAVENPORT, Appellant

V.

INDIAN CREEK LP, Appellee

On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2023-03365-JP

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

We have considered the parties’ “Joint Motion to Vacate Judgment and

Dismiss Case,” in which the parties state that they “have settled this matter” and

“have agreed to vacatur of the trial court’s judgment and to dismissal of the case with

prejudice.” See Tex. R. App. P. 42.1(a)(2)(A), 43.2(e). The parties further state that

they have agreed that each will bear its own attorney’s fees and costs, with the caveat

that Appellant D. Davenport is not required to pay court costs because she filed a

Statement of Inability to Afford Costs in the trial court and is thus presumed indigent

on appeal. See Tex. R. App. P. 20.1(b)(1)–(2).

We grant the motion. Effectuating the parties’ agreement, we vacate the trial

court’s January 3, 2024 Final Judgment and dismiss the case with prejudice. See Tex.

R. App. P. 42.1(a)(2)(A), 43.2(e); Benson-Cooks v. Transitional Hosps. Corp. of Tex., Inc.,

No. 02-19-00035-CV, 2020 WL 370574, at *1 (Tex. App.—Fort Worth Jan. 23, 2020,

no pet.) (mem. op.).

/s/ Elizabeth Kerr Elizabeth Kerr Justice

Delivered: June 6, 2024