Guadalupe Zermeno and Ildefonso Zermeno v. Carolyn Stone

Opinion

Opinion issued June 20, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00723-CV ——————————— GUADALUPE ZERMENO AND ILDEFONSO ZERMENO, Appellants V. CAROLYN STONE, Appellee

On Appeal from the 234th District Court Harris County, Texas Trial Court Case No. 2022-33380-7

MEMORANDUM OPINION

On October 5, 2022, appellants, Guadalupe Zermeno and Ildefonso Zermeno,

filed a notice of appeal from the trial court’s October 3, 2022 order granting the

motion to dismiss of appellee, Carolyn Stone. On June 1, 2023, appellants, representing that they had “entered into a Release of Judgment” with appellee, filed

a “Motion to Voluntarily Dimiss Appeal.”

In their motion, appellants stated that they had entered into a “Confidential

Settlement Agreement” with appellee “which non-suited all claims asserted by all

the parties.” Based on this agreement with appellee, appellants requested that the

“Court dismiss the appeal and remand the case to the trial court for final rendition of

judgment in accordance with the Confidential Settlement Agreement and the Release

of Judgment.” See TEX. R. APP. P. 42.1(a)(2)(B). Appellants’ motion further stated

that “[a]ll appellate costs are to be borne by the party incurring the same.” See TEX.

R. APP. P. 42.1(d).

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c). Appellants’ motion does not include a certificate of

conference stating that appellants conferred, or made a reasonable attempt to confer,

with appellee regarding the relief requested in the motion. See TEX. R. APP. P.

10.1(a)(5). However, more than ten days have passed, and no party has expressed

opposition to appellants’ motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant appellants’ motion, dismiss the appeal, and remand the

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

agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We direct the Clerk of this

2 Court that costs are to be taxed against the party incurring the same. See TEX. R.

APP. P. 42.1(d). We dismiss all other pending motions as moot.

Panel consists of Chief Justice Adams and Justices Guerra and Farris.