Wilkinson, Kristin v. Jamie Cidzik and Jerry Cidzik

• Court: Court of Appeals of Texas
• Decided: February 20, 2003
• Docket: 14-02-00776-CV
• Status: Published

Opinion

Reversed and Remanded and Opinion filed February 20, 2003

Reversed and Remanded and Opinion filed February 20, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00776-CV

KRISTIN WILKINSON, Appellant

V.

JAMIE CIDZIK and JERRY CIDZIK, Appellees

On Appeal from the County Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 753,716

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed April 4, 2002.

On February 11, 2003, the parties filed an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement.  See Tex. R. App. P. 42.1.  The parties ask that we set aside the judgment of the County Civil Court at Law No. 1 without regard to the merits of the appeal, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement. 

Rule 43.2 sets out the type of judgments an appellate court may render.  Vacating the trial court=s judgment and remanding the cause to the trial court is not one of the permissible judgments.  Accordingly, we construe the parties= motion to be a motion to reverse the trial court=s judgment and to remand to the trial court for rendition of judgment in accordance with the parties= settlement agreement.  The motion is granted.

Accordingly, we reverse the trial court=s judgment of April 4, 2002, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement.

PER CURIAM

Judgment rendered and Opinion filed February 20, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.