Steven Verdugo v. Franchesca Salinas

• Court: Court of Appeals of Texas
• Decided: June 21, 2023
• Docket: 04-22-00633-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00633-CV

Steven VERDUGO, Appellant

v.

Franchesca SALINAS, Appellee

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI15757 Honorable David A. Canales, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: June 21, 2023

JUDGMENT VACATED; CASE DISMISSED

At the parties’ request, we abated this appeal to give them time to settle their dispute. Now,

the parties have filed a joint motion to vacate the trial court’s judgment without reference to the

merits, dismiss this appeal, and tax costs against the party that incurred them.

We reinstate this appeal.

In their motion, citing Rule 42.1(a)(2)(A), the parties ask this court to “render judgment

effectuating the parties’ agreement.” See TEX. R. APP. P. 42.1(a)(2)(A). Citing Rule 43.2(e), they

also ask this court to “render judgment vacating the trial court’s judgment without reference to the 04-22-00633-CV

merits.” See TEX. R. APP. P. 43.2(e) (authorizing a court of appeals to “vacate the trial court’s

judgment and dismiss the case”); cf. id. R. 42.1(a)(2)(B) (authorizing a court of appeals 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”). The parties also ask this court to

dismiss this appeal.

We may not dismiss this appeal and render judgment. See In re Guardianship of Panza,

No. 04-04-00378-CV, 2004 WL 2290245, at *1 (Tex. App.—San Antonio Oct. 13, 2004, no pet.)

(mem. op.) (per curiam). Nevertheless, given the parties’ request to render judgment and their

selected citations, we construe the parties’ joint motion as a request to render judgment and dismiss

the case. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(e); In re Guardianship of Panza, 2004 WL

2290245, at *1.

As we construe it, the parties’ joint motion is granted. We render judgment to effectuate

the parties’ agreement: We vacate the trial court’s March 30, 2022 final judgment, we dismiss the

case, and we tax costs against the party that incurred them. See TEX. R. APP. P. 42.1(a)(2)(A),

43.2(e), 43.4; In re Guardianship of Panza, 2004 WL 2290245, at *1.

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