Richard William Miller v. Cathy McMullen Miller

• Court: Court of Appeals of Texas
• Decided: January 2, 2025
• Docket: 02-23-00486-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00486-CV ___________________________

RICHARD WILLIAM MILLER, Appellant

V.

CATHY MCMULLEN MILLER, Appellee

On Appeal from the 481st District Court Denton County, Texas Trial Court No. 20-5671-442

Before Kerr and Birdwell, JJ.; and Gonzalez, J. 1 0

Memorandum Opinion by Justice Birdwell

1 The Honorable Ruben Gonzalez, Judge of the 432nd District Court of Tarrant County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to Section 74.003(h) of the Government Code. See Tex. Gov’t Code Ann. § 74.003(h). MEMORANDUM OPINION AND JUDGMENT

We have considered the “Joint Motion to Set Aside the Trial Court’s Judgment

and Remand the Case for Rendition of Judgment in Accordance With The Parties’

Agreement.” In the motion, the parties represent that they have reached an

agreement to settle the case. 2 Based on the parties’ representation of their settlement

agreement—and on the mediator’s report filed with this court indicating that the

parties have completely settled—it is the court’s opinion that the motion should be

granted.

Accordingly, we set aside the trial court’s judgment without regard to the merits

and remand this case to the trial court to render judgment in accordance with the

parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B); Crabbe v. Sanders, No.

02-22-00301-CV, 2023 WL 5615803, at *1 (Tex. App.—Fort Worth Aug. 31, 2023, no

pet.) (mem. op.). Each party must bear its own costs of appeal. See Tex. R. App. P.

42.1(d), 43.4.

/s/ Wade Birdwell

Wade Birdwell Justice

Delivered: January 2, 2025

Neither party has filed a copy of the parties’ settlement agreement with this 2

court. See Tex. R. App. P. 42.1(a)(2). 2