Swift Transportation Co. of Arizona, LLC v. Lilia Favela

• Court: Court of Appeals of Texas
• Decided: July 28, 2023
• Docket: 08-23-00158-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

SWIFT TRANSPORTATION CO. OF § No. 08-23-00158-CV ARIZONA, LLC, § Appeal from the Appellant, § 41st Judicial District Court v. § of El Paso County, Texas LILIA FAVELA, § (TC# 2018-DCV4882) Appellee.

MEMORANDUM OPINION

Before this Court is the parties’ first amended joint motion to dismiss this appeal pursuant

to Texas Rule of Appellate Procedure 42.1(a)(2). In the motion, the parties state that they have

“satisfactorily compromised and settled all matters in dispute between them.”

Texas Rule of Appellate Procedure 42.1 provides the actions a court may take to dispose

of an appeal on the motion of the appellant or by agreement of the parties. On the motion of

appellant, the court may dismiss the appeal or affirm the appealed judgment or order. TEX. R. APP.

P. 42.1(a)(1). When parties file an agreement signed by all parties or their attorneys, the court may:

“(A) render judgment effectuating the parties’ agreement; (B) 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; or (C) abate the appeal and permit proceedings in the trial court

to effectuate the agreement.” TEX. R. APP. P. 42.1(a)(2)(A)–(C).

After reviewing the motion and attached agreement, which has been signed by both parties

and their attorneys, we conclude that the substance of the agreement seeks a voluntary dismissal

under Texas Rule of Appellate Procedure 42.1(a)(1). Therefore, the motion is granted and the

appeal is dismissed. Each party shall bear the costs of this appeal pursuant to their agreement and

joint motion. See TEX. R. APP. P. 42.1(d).

GINA M. PALAFOX, Justice

July 28, 2023

Before Rodriguez, C.J., Palafox, and Soto, J.J.