in the Interest of M.S. and M.S., Children
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Opinion
Set Aside Judgment and Remand and Opinion Filed July 30, 2018
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01327-CV IN THE INTEREST OF M.S. AND M.S., CHILDREN
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 85,193
MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Francis Before this Court is the parties’ Amended Joint Expedited Motion to Set Aside Judgment
and Remand to the Trial Court filed July 27, 2018. In the motion, the parties state they have
entered into a mediated settlement agreement in which they agreed, among other things, to dismiss
this consolidated appeal and mandamus. They request that, under Texas Rule of Appellate
Procedure 42.1(a)(2)(B), we set aside the trial court’s judgment without regard to the merits and
remand the case.
We grant the parties’ motion. We set aside the trial court’s judgment without regard to the
merits and remand the case to the trial court for rendition of judgment in accordance with the
parties’ agreement. TEX. R. APP. P. 42.1(a)(2)(B).
/Molly Francis/ MOLLY FRANCIS JUSTICE 171327F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
IN THE INTEREST OF M.S. AND M.S., On Appeal from the 354th Judicial District CHILDREN Court, Hunt County, Texas Trial Court Cause No. 85,193. No. 05-17-01327-CV Opinion delivered by Justice Francis. Justices Fillmore and Whitehill participating.
In accordance with this Court’s opinion of this date, the parties’ Amended Joint Expedited Motion to Set Aside Judgment and Remand to the Trial Court is GRANTED. The judgment of the trial court is SET ASIDE and this cause is REMANDED to the trial court for rendition of judgment in accordance with the parties' agreement.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered July 30, 2018
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