Opinion
02-24-00052-CV
06-06-2024
D. Davenport, Appellant v. Indian Creek LP, Appellee
On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2023-03365-JP
Before Kerr, Birdwell, and Bassel, JJ.
MEMORANDUM OPINION AND JUDGMENT
Elizabeth Kerr, Justice.
We have considered the parties' "Joint Motion to Vacate Judgment and Dismiss Case," in which the parties state that they "have settled this matter" and "have agreed to vacatur of the trial court's judgment and to dismissal of the case with prejudice." See Tex. R. App. P. 42.1(a)(2)(A), 43.2(e). The parties further state that they have agreed that each will bear its own attorney's fees and costs, with the caveat that Appellant D. Davenport is not required to pay court costs because she filed a Statement of Inability to Afford Costs in the trial court and is thus presumed indigent on appeal. See Tex. R. App. P. 20.1(b)(1)-(2).
We grant the motion. Effectuating the parties' agreement, we vacate the trial court's January 3, 2024 Final Judgment and dismiss the case with prejudice. See Tex. R. App. P. 42.1(a)(2)(A), 43.2(e); Benson-Cooks v. Transitional Hosps. Corp. of Tex., Inc., No. 02-19-00035-CV, 2020 WL 370574, at *1 (Tex. App.-Fort Worth Jan. 23, 2020, no pet.) (mem. op.).