Opinion
02-23-00063-CV
06-22-2023
In the Interest of B.M., a Child
On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360-696318-21
Before Womack, Wallach, and Walker, JJ.
MEMORANDUM OPINION AND JUDGMENT
PER CURIAM
We have considered the parties' "Rule 42.1(a)(2) Joint Motion to Dismiss Appeal and Remand to Trial Court for Entry of Agreed Final Judgment." It is the court's opinion that the motion should be granted; therefore, we set aside the trial court's judgment without regard to the merits and remand this case to the trial court to render judgment in accordance with the parties' agreement. See Tex.R.App.P. 42.1(a)(2)(B); Innovative Off. Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995) (order).
Although the phrase "Joint Motion to Dismiss" appears in the title of the motion, the parties do not actually request that we dismiss this appeal-and understandably so, because "we cannot both set aside the trial court's judgment and dismiss [an] appeal." Lone Tree Res. & Consulting, Inc. v. Persepolis, Inc., No. 02-21-00246-CV, 2021 WL 6143641, at *1 (Tex. App.-Fort Worth Dec. 30, 2021, no pet.) (per curiam) (mem. op.).
Each party must bear its own costs of appeal. See Tex.R.App.P. 42.1(d), 43.4.