William Russell Martin and Sara Razavi Zand v. Rebecca Jean Westfall

• Court: Court of Appeals of Texas
• Decided: May 18, 2023
• Docket: 01-22-00470-CV
• Status: Published

Opinion

Opinion issued May 18, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00470-CV ——————————— WILLIAM RUSSELL MARTIN AND SARA RAZAVI ZAND, Appellants V. REBECCA JEAN WESTFALL, Appellee

On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2021-77447

MEMORANDUM OPINION

Appellants, William Russell Martin and Sara Razavi Zand, filed a notice of

appeal from the trial court’s April 8, 2022 “Final Order Denying Protective Order

and Granting [Appellee] Rebecca Jean Westfall’s Motion for Sanctions Against

[Appellants] William Russel Martin and Attorney Sara Razavi Zand,” and the trial

court’s June 13, 2022 “Order Denying [Appellants] William Russell Westfall and Sara [Razavi Zand’s] Motion to Vacate Sanctions Order and Motion for New Trial.”

On May 5, 2023, the parties, representing that they had “since agreed to settle their

dispute,” filed an “Agreed Motion to Vacate Judgment and Motion to Dismiss.”

In their motion, the parties stated that they had reached an agreement in which

appellee “agree[d] to the vacation of the sanctions order,” and therefore “jointly

ask[ed] the Court to: (1) render a judgment effectuating the parties’ agreement; and

(2) vacate the sanctions order at issue without regard to the merits and dimiss the

case with prejudice.” See TEX. R. APP. P. 42.1(a)(2)(A), (B). The parties’ motion

further stated that the parties agreed “that all costs of this appeal shall be borne by

the party incurring the same.”

No other party has filed a notice of appeal, and opinion has issued. See TEX.

R. APP. P. 42.1(a)(2), (c).

Accordingly, we grant the parties’ motion, dismiss the appeal, and 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 parties’ agreement. See

TEX. R. APP. P. 42.1(a)(2)(B), 43.2(e). We direct the Clerk of this Court that costs

are to be taxed against the party incurring the same. See TEX. R. APP. P. 42.1. We

dismiss all other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.