Opinion
No. 10-03-025-CV
Opinion delivered and filed December 12, 2003.
From the 163rd District Court, Orange County, Texas, Trial Court # B-010224-Bc.
Reversed and remanded.
Richard P. Colquitt, Attorney for Appellant.
Ethan L. Shaw and Ernest J. Browne, Jr., Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge ALLEN (Sitting by Assignment).
George Allen, Judge of the 54th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Highlands Insurance Company perfected this appeal from an adverse judgment in a wrongful death and personal injury suit. The parties have now filed an agreed motion to reverse the judgment and remand this cause to the trial court for entry of judgment in accordance with a settlement agreement.
Rule of Appellate Procedure 42.1(a)(2) provides:
(a) The appellate court may dispose of an appeal as follows:
(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, 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).
The parties attached a copy of their settlement agreement to their motion, satisfying the requirements of Rule 42.1(a)(2). When the parties file a copy of the settlement agreement with the court, a formal motion to dismiss is not required, but it does provide an efficient method of bringing the settlement to this Court's attention.
Accordingly, we reverse the judgment and remand this cause to the trial court for rendition of judgment in accordance with the settlement agreement.