Opinion
No. 02-08-388-CV
Delivered: April 23, 2009.
Appealed from the 362nd District Court of Denton County.
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
MEMORANDUM OPINION AND JUDGMENT
See Tex. R. App. P. 47.4.
We have considered the parties' "Agreement Regarding Disposition Of Appeals," which we construe to be a motion for disposition. It is the court's opinion that the motion should be granted in part and denied in part. Accordingly, without regard to the merits, we vacate the trial court's judgment and remand the case to the trial court for rendition of a judgment in accordance with the parties' settlement agreement.
The parties ask us to render a judgment affirming in part and setting aside in part. We cannot do both. Rule 42.1(a)(2) permits us only to either render judgment effectuating the parties' agreements or set aside the trial court's judgment and remand the case to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(A), (B); Cunningham v. Cunningham, 2-08-362-CV, 2008 WL 5479677, at *1 (Tex.App.-Fort Worth Oct. 30, 2008, no pet.) (memo op.).
See Tex. R. App. P. 42.1(a)(2)(B), 43.2(d); Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995).
Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.
See Tex. R. App. P. 43.4.