Opinion
01-22-00173-CV
07-19-2022
LARRY JOE CLOWERS JR., Appellant v. KATHLEEN ANN DAWSON, Appellee
On Appeal from the 189th District Court Harris County, Texas Trial Court Case No. 2018-84453
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM
On May 19, 2022, this Court granted the parties' motion to abate the appeal so that they could finalize their settlement agreement. On June 9, 2022, the parties filed a "Joint Motion to Reverse and Remand Pursuant to Settlement," requesting that this Court "lift the abatement, reinstate the case on the Court's docket, and reverse and remand to the trial court so that the parties' settlement agreement can be implemented." We interpret the parties' joint motion as a motion to set aside the trial court's judgment and remand the case. See TEX. R. APP. P. 42.1(A)(2)(B); Stampede TX Energy, LLC v. Bridgetex Pipeline Co., No. 01-18-00113-CV, 2019 WL 758003, at *1 (Tex. App.-Houston [1st Dist.] Feb. 12, 2019, no pet.) (mem. op.). The joint motion also requests that the parties bear their own appellate costs and that "the mandate issue immediately." See TEX. R. APP. P. 18.1(C), 42.1(D). NO OPINION HAS ISSUED. See TEX. R. APP. P. 42.1(C).
We reinstate the case on the Court's active docket. We grant the joint motion, set aside the trial court's judgment without regard to the merits, and remand the case to the trial court for further proceedings in accordance with the parties' settlement agreement. See TEX. R. APP. P. 42.1(A)(2)(B), 43.2(F). We direct the Clerk of this Court that costs are to be taxed against the parties who incurred same and to issue the mandate concurrently with this opinion and judgment. See TEX. R. APP. P. 18.1(C), 42.1(D). We dismiss all other pending motions as moot.