In the Interest of C.R.M. and E.C.M., Children v. .
This text of In the Interest of C.R.M. and E.C.M., Children v. . (In the Interest of C.R.M. and E.C.M., Children v. .) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00181-CV
IN THE INTEREST OF C.R.M. AND E.C.M., Children
From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2019CI18559 Honorable Laura Salinas, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice
Delivered and Filed: August 27, 2025
DISMISSED AS MOOT
On November 15, 2024, Appellant filed a “Status Update,” informing the court that it
appeared the parties had reached a settlement agreement in an enforcement proceeding in the court
below and that part of the parties’ agreement “included not pursuing the current appeal” and that
“[i]f settlement has occurred that has resolved the pending appeal, then this matter is moot, and
this appeal should be dismissed.” Appellant further informed the court that he would provide the
court with an additional status update.
Subsequently, on December 6, 2024, the parties filed a “Joint Motion to Abate Appeal and
Suspend Deadlines Pending Settlement.” In the motion, the parties stated that they “entered a
settlement agreement on November 12, 2024 in a pending enforcement action of the judgment on 04-24-00181-CV
appeal in cause number 2019-CI-18559,” and that entry of final orders in accordance with the
parties’ settlement would moot this appeal.
On May 27, 2025, Appellee filed a motion to dismiss this appeal and attached an agreed
order entered in the trial court on December 31, 2024, which orders Appellant to “immediately
nonsuit with prejudice his appeals and the mandamus action in this same cause.” On July 21, 2025,
this Court ordered Appellant to file a response to Appellee’s motion to dismiss and for sanctions.
Appellant filed his response on August 11, 2025, and asserted that this court should deny
the motion to dismiss given that Appellee has filed a petition for bill of review and is seeking to
set aside the three agreed orders and the underlying settlement agreement. However, Appellant
never amended this appeal to challenge the validity of the agreed order or the underlying settlement
agreement.
Moreover, in his response to the motion to dismiss, Appellant acknowledges his prior
representations to this court in a joint motion to abate this appeal that: 1) the parties entered a
settlement agreement on November 12, 2024; 2) the entry of the agreed order based on this
settlement would moot this appeal; and 3) and that upon entry of the agreed order “one or both of
the parties will promptly advise the Court and move to dismiss the appeal pursuant to Rule 42.”
Accordingly, after consideration, the court GRANTS Appellee’s motion, and DISMISSES
this appeal as MOOT.
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