Melissa Johnson v. Jared M. Johnson

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: May 28, 2026
• Docket: 01-25-01095-CV
• Status: Published

Opinion

Opinion issued May 28, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-01095-CV ——————————— MELISSA JOHNSON, Appellant V. JARED M. JOHNSON, Appellee

On Appeal from the 387th District Court Fort Bend County, Texas Trial Court Case No. 24-DCV-314984

MEMORANDUM OPINION

On December 29, 2025, Appellant Melissa Johnson filed a notice of appeal

from the trial court’s October 3, 2025 Final Decree of Divorce. On January 12, 2026,

Appellee Jared M. Johnson filed a notice of cross-appeal. On February 5, 2026, the

Court abated this appeal and referred the parties to mediation. On May 14, 2026, the parties filed a Joint Motion stating they have settled and

requesting that this Court “set aside the existing final judgment without a decision

on the merits and remand this matter to the trial court for entry of a Modified Final

Decree of Divorce in accordance with the terms set out in the Binding Mediated

Settlement Agreement signed by the parties on April 21, 2026.” See TEX. R. APP. P.

42.1(a)(2)(B). The parties further request “the Court to expedite issuance of the

[m]andate in order to facilitate timely resolution in the trial court.” See TEX. R. APP.

P. 18.1(c) (authorizing court to issue mandate early “if the parties so agree, or for

good cause on the motion of a party”).

We reinstate the appeal on the Court’s active docket and grant the parties’

joint motion.

Pursuant to Rule of Appellate Procedure 42.1(a)(2)(B), we set aside the trial

court’s October 3, 2025 judgment without regard to the merits and remand to the

trial court for rendition of judgment in accordance with the parties’ settlement

agreement. Id.; see also City of Pasadena v. Gardner, No. 01-17-00178-CV, 2017

WL 2471106, at *1 (Tex. App.—Houston [1st Dist.] June 8, 2017, no pet.) (mem.

op.). We direct the Clerk of this Court to issue the mandate immediately. See TEX.

R. APP. P. 18.1(c).

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.