Raymond James Trust, N.A. v. Michelle Glenn, Individually, Perry Hillier, Individually and as Duly Appointed Administrator of the Estate of Jo Ann Turrentine, Mark McDonald, Individually, and Patrick McDonald, Individually

• Court: Court of Appeals of Texas
• Decided: January 30, 2025
• Docket: 13-24-00423-CV
• Status: Published

Opinion

NUMBER 13-24-00423-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RAYMOND JAMES TRUST, N.A., Appellant,

v.

MICHELLE GLENN, INDIVIDUALLY, PERRY HILLIER, INDIVIDUALLY AND AS DULY APPOINTED ADMINISTRATOR OF THE ESTATE OF JO ANN TURRENTINE, MARK MCDONALD, INDIVIDUALLY, AND PATRICK MCDONALD, INDIVIDUALLY, Appellees.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 3 OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Silva

This cause is before the Court on the parties’ amended “Joint Motion to Reverse

and Remand for Entry of Agreed Take-Nothing Judgment.” In the motion, the parties advise that they have “executed a settlement agreement that has finally settled all claims

they may have against one another.” The parties request that this Court “reverse the

[j]udgment and remand the case” to the trial court “for entry of an agreed, take-nothing

judgment in accordance with the [p]arties’ settlement agreement.”

We construe this joint motion as a motion for voluntary dismissal of the appeal.

See TEX. R. APP. P. 42.1(a)(2)(B) (providing that, “[i]n accordance with an agreement

signed by the parties or their attorneys and filed with the clerk” we may “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”).

The Court, having considered the documents on file and the amended joint motion

by the parties, is of the opinion that the motion should be granted. We grant the amended

joint motion, vacate the trial court’s amended final judgment signed on July 15, 2024,

dismiss the appeal, and remand the case for rendition of judgment in accordance with the

parties’ agreement. See id.

Additionally, and in accordance with the parties’ agreement, costs are taxed

against the party that incurred them. Having dismissed the appeal at the parties’ request,

no motion for rehearing will be entertained.

CLARISSA SILVA Justice Delivered and filed on the 30th day of January, 2025.