Kendall Shive v. Shirley T. Stinson, Arland Stinson, and Patricia Sunbury

Opinion

Opinion issued January 28, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-20-00301-CV ——————————— KENDALL SHIVE, Appellant V. SHIRLEY T. STINSON, Appellee

On Appeal from the 335th District Court Bastrop County, Texas1 Trial Court Case No. 499-335

MEMORANDUM OPINION

1 Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this Court. See Misc. Docket No. 20–9048 (Tex. Mar. 31, 2020); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases). On March 17, 2020, appellant, Kendall Shive, filed a notice of appeal of the

trial court’s December 18, 2019 order granting appellee, Shirley T. Stinson,

summary judgment. On July 7, 2020, this appeal was abated, at appellant’s request,

to allow the parties an opportunity to finalize the terms of a settlement agreement.

The parties, representing that they have reached such an agreement, have filed

a joint motion to reinstate the appeal and for disposition in accordance with the terms

of the agreement. The motion requests that we reinstate the appeal, vacate the trial

court’s December 18, 2019 order, dismiss the case in its entirety, order that all costs

on appeal be taxed against the parties who incurred the same, and order that this

Court’s mandate issue immediately. No opinion has issued. See TEX. R. APP. P.

42.1(c).

Accordingly, we grant the parties’ motion, reinstate the appeal, vacate the trial

court’s December 18, 2019 order, and dismiss the case. See TEX. R. APP. P.

42.1(a)(2)(A), 43.2(e); see e.g., Jester Venture Ltd. v. Nash, No. 01-06-00512-CV,

2006 WL 2042358, at *1 (Tex. App.—Houston [1st Dist.] July 17, 2006, no pet.)

(mem. op.) (vacating trial court’s judgment and dismissing case on parties’ agreed

motion). We direct the Clerk of this Court that costs are to be taxed against the party

who incurred the same. See TEX. R. APP. P. 42.1(d). We further direct the Clerk of

this Court to issue the mandate immediately. See TEX. R. APP. P. 18.1(c). We

dismiss all other pending motions as moot.

2 PER CURIAM Panel consists of Justices Hightower, Countiss, and Farris.