Rozen Lin Villasenor v. Colin McMillion

• Court: Court of Appeals of Texas
• Decided: January 9, 2025
• Docket: 01-23-00622-CV
• Status: Published

Opinion

Opinion issued January 9, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00622-CV ——————————— ROZEN LIN VILLASENOR, Appellant V. COLIN MCMILLION, Appellee

On Appeal from the 387th District Court Fort Bend County, Texas Trial Court Case No. 18-DCV-248638

MEMORANDUM OPINION

On August 24, 2023, appellant, Rozen Lin Villasenor, filed a notice of

restricted appeal from the trial court’s April 17, 2023 “Default Order in Suit to

Modify Parent-Child Relationship.” On August 29, 2024, the Court abated this

appeal and directed the parties to participate in mediation. On December 19, 2024, 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

2 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.