Opinion
01-21-00243-CV
03-29-2022
ROSA MARIA GARCIA GONZALEZ, Appellant v. DANIELLE MELGOZA, Appellee
On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2020-08337
Panel consists of Justices Landau, Hightower, and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM.
Appellant, Rosa Maria Garcia Gonzalez, has filed a "joint motion to vacate the trial court's judgment and dismiss the appeal." Because appellee's counsel did not sign the motion and the certificate of conference did not state that appellee was unopposed or agreed to the relief requested in the motion, the Court held this motion for 10 days as required by Rule 10.3(a) and no response was filed. No opinion has issued. Although entitled a joint motion to vacate and dismiss, appellant asks this Court in the body of her motion either to set aside the trial court's judgment or set aside the trial court's judgment without regard to the merits and to remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B).
Accordingly, we grant the motion. The appeal is dismissed, the trial court's judgment is set aside without regard to the merits, and the case is remanded to the trial court for rendition of judgment in accordance with the parties' agreement. See id. Any pending motions are dismissed as moot.