In the Interest of B.M., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 22, 2023
• Docket: 02-23-00063-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00063-CV ___________________________

IN THE INTEREST OF B.M., A CHILD

On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360-696318-21

Before Womack, Wallach, and Walker, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

We have considered the parties’ “Rule 42.1(a)(2) Joint Motion to Dismiss

Appeal and Remand to Trial Court for Entry of Agreed Final Judgment.” It is the

court’s opinion that the motion should be granted; therefore, we set aside the trial

court’s judgment without regard to the merits and remand this case to the trial court

to render judgment in accordance with the parties’ agreement.1 See Tex. R. App. P.

42.1(a)(2)(B); Innovative Off. Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995)

(order).

Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: June 22, 2023

Although the phrase “Joint Motion to Dismiss” appears in the title of the 1

motion, the parties do not actually request that we dismiss this appeal—and understandably so, because “we cannot both set aside the trial court’s judgment and dismiss [an] appeal.” 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.). 2