Harris v. Harris

Full title: LARRY L. HARRIS, Appellant, v. SHARON HARRIS, Appellee

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Aug 18, 2005

No. 08-04-00351-CV (Tex. App. Aug. 18, 2005)

Opinion

No. 08-04-00351-CV

August 18, 2005.

Appeal from the 388th District Court of El Paso County, Texas, (Tc# 2003CM3621).

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

MEMORANDUM OPINION

RICHARD BARAJAS, Chief Justice.

On April 19, 2005, this Court abated this appeal pursuant to a joint motion filed by the parties.

The parties having notified us that a settlement has been reached have filed a joint motion to set aside the trial court judgment and remand with instructions to enter an agreed final decree of divorce pursuant to Tex.R.App.P. 42.1(a)(2), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

. . .

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

. . .

The Appellant and Appellee have complied with the requirements of Rule 42.1(a)(2). The parties have requested that the Court grant their joint motion to set aside the trial court judgment and remand with instructions to enter an agreed final decree of divorce pursuant to Texas Rules of Appellate Procedure Rule 43.2(d). Texas Rules of Appellate Procedure Rule 43.2(d) provides that the appellate court may reverse the trial court's judgment and remand the case for further proceedings. The Court has considered this cause on the parties' motion and concludes the appeal be reinstated, the motion be granted, the trial court's judgment be vacated, and the cause be remanded to the trial court for further proceedings consistent with the parties' agreement. We therefore vacate the judgment of the trial court and remand the case to the trial court below.