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Lopez v. Cavazos

Fourth Court of Appeals San Antonio, Texas
Feb 3, 2021
No. 04-20-00577-CV (Tex. App. Feb. 3, 2021)

Opinion

No. 04-20-00577-CV

02-03-2021

Clarissa Nicole LOPEZ, Appellant v. Alberto Luis CAVAZOS, Appellee


MEMORANDUM OPINION

From the County Court, Jim Wells County, Texas
Trial Court No. 20-02-60230-CV
Honorable Michael Ventura Garcia, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena Chapa, Justice REVERSED AND REMANDED

On January 8, 2021, the parties filed a joint motion stating they have reached an agreement to dispose of this appeal. The parties ask this court to vacate the trial court's May 26, 2020 judgment without regard to the merits and remand the case to the trial court. However, Texas Rule of Appellate Procedure 43.2 does not authorize us to "vacate and remand." See TEX. R. APP. P. 43.2. We therefore construe the joint motion as a motion to reverse the judgment and remand the case to the trial court for further proceedings.

We grant the motion, reverse the trial court's May 26, 2020 judgment without regard to the merits, and remand the case to the trial court for further proceedings. Costs are taxed against appellant. See id. R. 42.1(d) (absent agreement of parties, costs are taxed against appellant).

PER CURIAM


Summaries of

Lopez v. Cavazos

Fourth Court of Appeals San Antonio, Texas
Feb 3, 2021
No. 04-20-00577-CV (Tex. App. Feb. 3, 2021)
Case details for

Lopez v. Cavazos

Case Details

Full title:Clarissa Nicole LOPEZ, Appellant v. Alberto Luis CAVAZOS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 3, 2021

Citations

No. 04-20-00577-CV (Tex. App. Feb. 3, 2021)