Melvin Jordan v. Waco Transit System, Inc. and RATP DEV USA, Inc.

• Court: Court of Appeals of Texas
• Decided: January 11, 2024
• Docket: 10-22-00020-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00020-CV

MELVIN JORDAN, Appellant v.

WACO TRANSIT SYSTEM, INC. AND RATP DEV USA, INC., Appellees

From the 170th District Court McLennan County, Texas Trial Court No. 2018-3822-4

MEMORANDUM OPINION

Melvin Jordan and Waco Transit System, Inc. have filed a “Joint Motion to Dismiss

Appeal” asserting they have settled all disputes between them. They also note that this

settlement combined with the prior settlement between Jordan and RATP Dev USA, Inc.

resolves all controversies between all parties. Jordan and Waco Transit request that we

dismiss the appeal and remand the case to the trial court for further proceedings to

substitute the Estate for the late Melvin Jordan and to enter an agreed order disposing of the case.

We have no authority to dismiss the appeal and remand the case to the trial court.

We have the authority, however, to 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 agreement of the parties. See TEX. R. APP. P. 42.1(a)(2)(B); 43.2(d).

Accordingly, the “Joint Motion to Dismiss Appeal” is granted to the extent

authorized. The trial court’s Order Granting Defendant Waco Transit System, Inc.'s

Traditional and No-Evidence Motions for Summary Judgment against Melvin Jordan,

signed June 3, 2021 is set aside without regard to the merits, and this case as between

Melvin Jordan and Waco Transit System, Inc. is remanded to the trial court for rendition

of judgment in accordance with the agreement of those parties.

RATP DEV USA, Inc. does not join Jordan’s and Waco Transit’s motion to dismiss.

Pursuant to the mediator’s report received by the Court on November 4, 2022, the issues

in dispute in this appeal between Melvin Jordan and RATP DEV USA, Inc. were

previously resolved by settlement after this Court referred the entire appeal to mediation

on August 3, 2022. Accordingly, the portion of the appeal brought by Melvin Jordan

against RATP DEV USA, Inc. is dismissed as moot.

Because the Court was unable to grant the entirety of the motion, the Court has

endeavored to implement the substance of the parties' agreed motion to achieve the same

result. If any party determines that the judgment of the Court does not accomplish the

parties' intended result, a timely motion for rehearing must be filed which addresses the

manner in which the Court can implement the agreement of the parties within the

Jordan v. Waco Trans. Sys., Inc. and RATP DEV USA, Inc. Page 2 limitations of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.1; 49.1.

There being no agreement as to costs, costs are taxed against Melvin Jordan. TEX.

R. APP. P 42(d).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Motion granted in part Judgment set aside and remanded in part Dismissed as moot in part Opinion delivered and filed January 11, 2024 [CV06]

Jordan v. Waco Trans. Sys., Inc. and RATP DEV USA, Inc. Page 3