Shannell Yvonne Richards v. David Richards

• Court: Court of Appeals of Texas
• Decided: December 21, 2018
• Docket: 05-18-00959-CV
• Status: Published

Opinion

SET ASIDE and REMAND and Opinion Filed December 21, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00959-CV

SHANNELL YVONNE RICHARDS, Relator V. DAVID RICHARDS, Respondent

On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-50782-2017

MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Francis Before the Court is the parties’ “Emergency Motion to Reverse and Remand for Judgment

in Accordance with Amended Settlement Agreement.” In the motion, the parties state they have

entered into an amended mediated settlement agreement in which they agreed, among other things,

to dismiss this appeal. They request that, pursuant to Texas Rule of Appellate Procedure

42.1(a)(2)(B), we set aside the trial court’s judgment without regard to the merits and remand the

case. We grant the parties’ motion. We set aside the trial court’s June 8, 2018 Agreed Final

Divorce Decree without regard to the merits and remand the case to the trial court for rendition of

judgment in accordance with the parties’ Amended Mediated Settlement Agreement. TEX. R. APP.

P. 42.1(a)(2)(B).

/Molly Francis/ MOLLY FRANCIS JUSTICE

180959F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SHANNELL YVONNE RICHARDS, On Appeal from the 469th Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 469-50782-2017. No. 05-18-00959-CV V. Opinion delivered by Justice Francis. Justices Evans and Schenck participating. DAVID RICHARDS, Appellee

In accordance with this Court’s opinion of this date, the parties’ “Emergency Motion to Reverse and Remand for Judgment in Accordance with Amended Settlement Agreement” is GRANTED. The trial court’s June 8, 2018 Agreed Final Divorce Decree is SET ASIDE without regard to the merits and this case is REMANDED to the trial court for rendition of judgment in accordance with the parties' Amended Mediated Settlement Agreement. TEX. R. APP. P. 42.1(a)(2)(B).

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered December 21, 2018.

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