Rocksprings Val Verde Wind, LLC v. Jackie Casanova, RPA, CCA, in Her Capacity as the Chief Appraiser of the Val Verde County Appraisal District

• Court: Court of Appeals of Texas
• Decided: April 2, 2025
• Docket: 04-22-00524-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas SUPPLEMENTAL MEMORANDUM OPINION

No. 04-22-00524-CV

ROCKSPRINGS VAL VERDE WIND, LLC, Appellant

v.

Jackie CASANOVA, RPA, CCA, in her capacity as the Chief Appraiser of the Val Verde County Appraisal District, Appellee

From the 63rd Judicial District Court, Val Verde County, Texas Trial Court No. 34133 Honorable Roland Andrade, Judge Presiding

Opinion by: Irene Rios, Justice

Sitting: Irene Rios, Justice Liza A. Rodriguez, Justice 1 0F

Lori I. Valenzuela, Justice

Delivered and Filed: April 2, 2025

SET ASIDE AND REMANDED

We issued an opinion in this case on December 31, 2024, reversing and remanding the trial

court’s final judgment. On January 29, 2025, appellee filed a motion for en banc reconsideration.

On March 14, 2025, while appellee’s motion was pending, appellant and appellee filed a joint

motion to dismiss advising the court that the parties have resolved their dispute, and all settlement

documents have been finalized. See TEX. R. APP. P. 42.1(a)(2). The parties also request this court

set aside the trial court’s judgment without regard to the merits and remand the case to the trial

1 Justice Liza A. Rodriguez, who participated in this court’s original opinion dated December 31, 2024, is no longer a sitting justice on the Fourth Court of Appeals and thus does not participate in the supplemental memorandum opinion and accompanying judgment. 04-22-00524-CV

court for rendition of judgment in accordance with the agreement. See TEX. R. APP. P.

42.1(a)(2)(B) (providing that appellate courts may dispose of appeals by setting aside the trial

court’s judgment without regard to the merits and remanding the case to the trial court to render

judgment in accordance with the parties’ agreement).

We grant the parties’ agreed motion to dismiss the appeal. Accordingly, we withdraw our

December 31, 2024 judgment and 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. See id.

The parties have not requested that we withdraw our December 31, 2024 opinion, and we

decline to do so. See TEX. R. APP. P. 42.1(c) (“In dismissing a proceeding, the appellate court will

determine whether to withdraw any opinion it has already issued.”); Houston Cable TV, Inc. v.

Inwood W. Civic Ass’n, 860 S.W.2d 72, 73 (Tex. 1993) (“A settlement does not automatically

require the vacating of a court of appeals’ opinion—either by this court or by the intermediate

appellate court.”).

Irene Rios, Justice

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