Merlin Transport, Inc. v. Joel Wesley Miller

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00359-CV

MERLIN TRANSPORT, INC. APPELLANT V.

JOEL WESLEY MILLER APPELLEE

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FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY TRIAL COURT NO. 2014-002695-3

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MEMORANDUM OPINION1 AND JUDGMENT ----------

We have considered the parties’ “Agreed Motion to Dismiss Appeal and to Set Aside Judgment,” in which the parties jointly request that we vacate the trial court’s August 5, 2015 judgment and dismiss the case with prejudice in accordance with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A). “While we cannot both vacate the trial court’s judgment and

1 See Tex. R. App. P. 47.4.

dismiss the appeal, the appellate rules allow us to render judgment vacating the trial court’s judgment and dismissing the case, whether that rendition occurs after we consider the merits of the appeal or in effectuating the parties’ settlement agreement.” Braums, Inc. v. Sifuentes, No. 02-16-00001-CV, 2016 WL 742023, at *1 & nn.3–5 (Tex. App.—Fort Worth Feb. 25, 2016, no pet.) (mem. op.) (footnotes omitted) (collecting cases); see Tex. R. App. P. 42.1(a)(2)(A), (B), 43.2(e), (f).

Accordingly, the parties’ motion is granted. Without regard to the merits and effectuating the parties’ settlement agreement, we vacate the trial court’s August 5, 2015 judgment and dismiss the case with prejudice. See Tex. R. App. P. 42.1(a)(2)(A), 43.2(e); see Sifuentes, 2016 WL 742023, at *1 & n.8.

Relying on the parties’ settlement agreement, we order that costs of this appeal shall be paid by the party incurring same. See Tex. R. App. P. 42.1(a)(2)(A), (d), 43.4.

/s/ Anne Gardner

ANNE GARDNER

JUSTICE

PANEL: GARDNER, WALKER, and MEIER, JJ. DELIVERED: June 2, 2016