Betus v. Fuentes

Full title: Alexandre "Sandy" BETUS d/b/a N B Environmental Service Company, Appellant…

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 8, 2003

No. 04-02-00634-CV (Tex. App. Jan. 8, 2003)

Opinion

No. 04-02-00634-CV.

Delivered and Filed: January 8, 2003.

Appeal from the 365th Judicial District Court, Maverick County, Texas, Trial Court No. 98-11-15549-CV, Honorable Amado J. Abascal, III, Judge Presiding.

DISMISSED.

Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.

MEMORANDUM OPINION

PER CURIAM.

The parties have filed a joint motion to dismiss the appeal, stating that the parties have reached a settlement agreement. The parties are seeking a dismissal of the appeal but request that the trial court's judgment remain intact as a bar to relitigation. The parties further request that we remand the cause to the trial court for additional filings necessary to complete the settlement and that we release the supersedeas bond.

In Caballero v. Heart of Texas Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex.App.-San Antonio 2001, no pet.), this court adopted "a more liberal interpretation of the power inherent in this court to dismiss [an] appeal in accordance with the parties' intentions." Accordingly, we carved out an exception to our general rule that would require all previous orders and judgments to be set aside when a cause became moot on appeal. See id. This exception applies "when the parties have bargained for and agreed upon a full and final settlement, but wish to leave the trial court's judgment intact as a bar to relitigation or . . . as a means to redress a breach of the settlement agreement." Id.

In view of our holding in Caballero, the parties' motion is granted, and this appeal is dismissed. Costs of the appeal are taxed against the parties who incurred them. The supersedeas bond filed by appellant Alexandre "Sandy" Betus d/b/a N B Environmental Service Company is released, and the obligations of Mid-Continent Casualty Company, as surety on appellant's supersedeas bond, are discharged. The cause is remanded to the trial court for additional filings necessary to complete the parties' settlement. The clerk of this court is directed to issue the mandate contemporaneously with this opinion.