Roland Cortez v. Teresa Lynn Cortez

• Court: Court of Appeals of Texas
• Decided: February 7, 2023
• Docket: 01-22-00879-CV
• Status: Published

Opinion

Opinion issued February 7, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00879-CV ——————————— ROLAND CORTEZ, Appellant V. TERESA LYNN CORTEZ, Appellee

On Appeal from the 328th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-285934

MEMORANDUM OPINION

On December 29, 2022, the Court issued an order referring this matter to

mediation. On January 4, 2023, the parties attended mediation and entered into a

Partial Mediated Settlement Agreement Pertaining to Temporary Orders

(“Mediated Settlement Agreement”). On January 11, 2023, the parties filed a Joint Motion to Set Aside Judgment and Remand Pursuant to Mediated Settlement

Agreement (“Joint Motion”). The parties request in the Joint Motion that this

Court set aside the Final Decree of Divorce signed on October 11, 2022 without

regard to the merits and remand the case to the trial court for entry of temporary

orders consistent with the Mediated Settlement Agreement, and for further

proceedings. See TEX. R. APP. P. 42.1(a)(2)(B); Stampede TX Energy, LLC v.

Bridgetex Pipeline Co., No. 01-18-00113-CV, 2019 WL 758003, at *1 (Tex.

App.—Houston [1st Dist.] Feb. 21, 2019, no pet.) (mem. op.) (granting joint

motion to dismiss appeal, setting aside trial court’s judgment without regard to

merits, and remanding to trial court for rendition of judgment); Correct Checks,

Inc. v. Carew, No. 01-12-00128-CV, 2012 WL 2159365, at *1 (Tex. App.—

Houston [1st Dist.] June 14, 2012, no pet.) (mem. op.) (same). The parties request

that the Court order each party to bear his or her own appellate costs and that the

mandate issue upon judgment. See TEX. R. APP. P. 18.1(c), 42.1(d). No opinion

has issued. See TEX. R. APP. P. 42.1(c).

We grant the parties’ Joint Motion. We set aside the trial court’s October

11, 2022 judgment without regard to the merits, and remand the case to the trial

court for entry of temporary orders consistent with the Mediated Settlement

Agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(f). We direct the Clerk of this

Court that costs are to be taxed against the parties who incurred same and to issue

2 the mandate concurrently with this opinion and judgment. See TEX. R. APP. P.

18.1(c), 42.1(d). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.