In the Matter of the Marriage of David Peter Gomez and Mary Lou Gomez v. the State of Texas
This text of In the Matter of the Marriage of David Peter Gomez and Mary Lou Gomez v. the State of Texas (In the Matter of the Marriage of David Peter Gomez and Mary Lou Gomez v. the State of Texas) 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
NUMBER 13-25-00098-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF THE MARRIAGE OF DAVID PETER GOMEZ AND MARY LOU GOMEZ
ON APPEAL FROM THE 377TH DISTRICT COURT OF VICTORIA COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca Memorandum Opinion by Justice Cron
Appellant Mary Lou Gomez timely perfected an appeal from a final divorce decree
that dissolved her marriage to appellee David Peter Gomez. The primary issue on appeal
was the trial court’s decision not to award Mary Lou spousal maintenance. On our own
motion, we abated the appeal and ordered the parties to participate in mediation.
The parties have now filed a joint motion, signed by their respective attorneys, informing the Court that they have reached a mediated settlement agreement that fully
resolves their underlying dispute. The parties ask that we dismiss the appeal and remand
the case to the trial court for the rendition of a new divorce decree reflecting the parties’
agreement. However, that specific combination of relief is not permitted under the Rules
of Appellate Procedure. See TEX. R. APP. P. 42.1; In re Matter of Marriage of McQueen,
597 S.W.3d 53, 54 (Tex. App.—Houston [14th Dist.] 2020, order).
We therefore construe the motion as a request for relief under Texas Rule of
Appellate Procedure 42.1(a)(2)(B). Accordingly, we reinstate the appeal, grant the
motion, set aside the trial court’s judgment without regard to the merits, and remand the
case to the trial court for the rendition of judgment in accordance with the settlement
agreement. See id. R. 42.1(a)(2)(B). Because there is no indication that the parties
agreed otherwise, appellate costs will be taxed against Mary Lou. See id. R. 42.1(d).
Finally, having disposed of the appeal at the parties’ request, no motion for rehearing will
be entertained.
JENNY CRON Justice
Delivered and filed on the 23rd day of October, 2025.
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