Rozen Lin Villasenor v. Colin McMillion

Court of Appeals of Texas

Rozen Lin Villasenor v. Colin McMillion

Court of Appeals of Texas·Decided January 9, 2025·No. 01-23-00622-CV·Published

Opinion

Opinion issued January 9, 2025

In The

Court of Appeals

For The

First District of Texas

appellant and appellee, Colin McMillion, filed a “Joint Motion to Reverse the Trial Court Judgment and Remand the Case to the Trial Court.”

In the motion, the parties stated that they had “reached an agreement to compromise and settle their differences” in the underlying suit, and therefore, requested that the Court “set aside the trial court’s judgment dated April 17, 2023[,] titled Default Order in Suit to Modify Parent-Child Relationship[,] without regard to the merits and remand the case to the trial court for rendition and entry of a new order/judgment in accordance with the parties’ agreement.” See TEX. R. APP. P. 42.1(a)(2)(B) (allowing appellate court to dismiss appeal upon agreement of parties to “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” of parties).

The motion is signed by counsel for appellant and appellee. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(2), (c). The parties’ motion further requested that the Court “expedite the issuance of the mandate to restore the trial court’s jurisdiction.” See TEX. R. APP. P. 18.1(c) (permitting appellate court clerk to issue mandate early “if the parties so agree”).

Accordingly, we reinstate the appeal on the Court’s active docket, grant the parties’ motion, dismiss the appeal, 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 TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We further direct the Clerk of this Court to immediately issue the mandate in this appeal. See TEX. R. APP. P. 18.1(c). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.

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Opinion issued January 9, 2025

In The

Court of Appeals

For The

First District of Texas

appellant and appellee, Colin McMillion, filed a “Joint Motion to Reverse the Trial Court Judgment and Remand the Case to the Trial Court.”

In the motion, the parties stated that they had “reached an agreement to compromise and settle their differences” in the underlying suit, and therefore, requested that the Court “set aside the trial court’s judgment dated April 17, 2023[,] titled Default Order in Suit to Modify Parent-Child Relationship[,] without regard to the merits and remand the case to the trial court for rendition and entry of a new order/judgment in accordance with the parties’ agreement.” See TEX. R. APP. P. 42.1(a)(2)(B) (allowing appellate court to dismiss appeal upon agreement of parties to “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” of parties).

The motion is signed by counsel for appellant and appellee. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(2), (c). The parties’ motion further requested that the Court “expedite the issuance of the mandate to restore the trial court’s jurisdiction.” See TEX. R. APP. P. 18.1(c) (permitting appellate court clerk to issue mandate early “if the parties so agree”).

Accordingly, we reinstate the appeal on the Court’s active docket, grant the parties’ motion, dismiss the appeal, 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 TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We further direct the Clerk of this Court to immediately issue the mandate in this appeal. See TEX. R. APP. P. 18.1(c). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.

Rozen Lin Villasenor v. Colin McMillion, (Tex. Ct. App. 2025).

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