Vidal Enterprises, Inc. D/B/A Tops Tire and Wheel v. Samuel Maldonado

• Court: Court of Appeals of Texas
• Decided: July 14, 2023
• Docket: 08-23-00164-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

VIDAL ENTERPRISES, INC. d/b/a TOPS § No. 08-23-00164-CV TIRE AND WHEEL, § Appeal from the Appellant, v. § 346th Judicial District Court

SAMUEL MALDONADO, § of El Paso County, Texas

Appellee. § (TC# 2017DCV3299)

MEMORANDUM OPINION

Before us is the parties’ joint motion to dismiss this appeal. The parties “ask the Court to

set aside the trial court’s judgment without regard to the merits and remand the case to the trial

court for dismissal of the lawsuit with prejudice in accordance with the parties’ agreement”

pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(B). See TEX. R. APP. P. 42.1(a)(2)(B)

(providing the manner in which a court may dispose of an appeal when parties enter settlement

agreements in civil cases).

The Court hereby grants the motion, sets aside the trial court’s judgment without

consideration of the merits, and remands the case to the trial court for rendition of judgment in

accordance with the parties’ agreement.

Costs of this appeal are taxed against Appellant. See TEX. R. APP. P. 42.1(d).

LISA J. SOTO, Justice July 14, 2023

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