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

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-23-00063-CV

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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.).