Razor Services, Inc. and Ovelio Quero v. Jared Pena

• Court: Court of Appeals of Texas
• Decided: December 18, 2023
• Docket: 08-23-00252-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

RAZOR SERVICES, INC and OVELIO § No. 08-23-00252-CV QUERO, § Appeal from the Appellants, § 143rd Judicial District Court v. § of Reeves County, Texas JARED PENA, § (TC#21-10-24172-CVR) Appellee.

MEMORANDUM OPINION

Before this Court is the parties’ joint motion to dismiss this appeal and render judgment

effectuating the parties’ agreement pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and

42.1(a)(2)(A). In the motion, the parties state that they reached a resolution of the matter through

mediation and attach a Rule 11 Agreement indicating that they have agreed to execute a settlement

agreement and exchange a settlement payment, thereby obviating the need for this appeal.

Texas Rule of Appellate Procedure 42.1 provides the actions a court may take to dispose

of an appeal on the motion of the appellant or by agreement of the parties. On the motion of the

appellant, a court may dismiss the appeal. TEX. R. APP. P. 42.1(a)(1). When parties file an

agreement signed by all parties or their attorneys, the court may: “(A) render judgment effectuating the parties’ agreement; (B) 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; or

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.” TEX.

R. APP. P. 42.1(a)(2)(A)–(C).

The parties have not filed a settlement agreement with the clerk as required by

Rule 42.1(a)(1); thus, this Court is prevented from rendering a judgment effectuating an

agreement. TEX. R. APP. P. 42.1(a)(1)(2). Instead, we invoke Rule 42.1(a)(2)(B) to accomplish the

parties’ request in their motion. Treating the parties’ motion as seeking relief under Rule

42.1(a)(2)(B), we grant the motion and hereby 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 parties’ agreement.

LISA J. SOTO, Justice

December 18, 2023

Before Alley, C.J., Palafox, and Soto, JJ.