In the Matter of the Marriage of Cynthia Mazanec and Mark Matthew Mazanec v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 11, 2024
• Docket: 10-24-00059-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00059-CV

IN THE MATTER OF THE MARRIAGE OF CYNTHIA MAZANEC AND MARK MATTHEW MAZANEC

From the 170th District Court McLennan County, Texas Trial Court No. 2022-1972-4

MEMORANDUM OPINION

Cynthia Mazanec and Mark Matthew Mazanec filed a “Joint Motion to Dismiss

Appeal” on June 18, 2024, asserting that they have settled all disputes between them and

that the appeal is no longer necessary. A signed copy of a document entitled “Binding

Settlement Agreement” is attached to the motion. The parties seek relief pursuant to

Texas Rule of Appellate Procedure 42.1(a)(2)(B), requesting that we set aside the trial

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

rendition of a judgment in accordance with the agreement of the parties. See TEX. R. APP.

P. 42.1(a)(2)(B). We grant the “Joint Motion to Dismiss Appeal.” The Final Decree of

Divorce signed on January 23, 2024 is set aside without regard to the merits, and the case is remanded to the trial court for rendition of a judgment in accordance with the parties’

Binding Settlement Agreement.

The parties have agreed in the Binding Settlement Agreement that “costs on

appeal will be borne by the party incurring the same.” Pursuant to the agreement of the

parties, it is ordered that costs of this proceeding are taxed against the party incurring the

same.

STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Motion granted; judgment set aside; case remanded Opinion delivered and filed July 11, 2024 [CV06]

In the Matter of the Marriage of Mazanec Page 2