Opinion
No. 10-19-00382-CV
07-09-2020
IN THE MATTER OF THE MARRIAGE OF ROBERT JOHNSON AND LANA JOHNSON AND IN THE INTEREST OF B.J., A CHILD
From the 413th District Court Johnson County, Texas
Trial Court No. DC-D201600948
MEMORANDUM OPINION
The parties have filed an agreed motion in which they ask this Court to enter an order remanding the underlying case to the trial court and instructing the trial court to modify the Final Decree of Divorce, signed on October 8, 2019, pursuant to the parties' written agreement.
Although we do not have the authority to do exactly what the parties have requested, we do have the authority to set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of a judgment in accordance with the parties' agreement. See TEX. R. APP. P. 42.1(a)(2)(B).
Accordingly, the "Agreed Motion to Remand to Trial Court" is granted to the extent authorized. The Final Decree of Divorce, signed on October 8, 2019, is set aside without regard to the merits and the case is remanded to the trial court for rendition of a judgment in accordance with the parties' agreement including, but not limited to, that the Final Decree of Divorce shall state the parties were granted a divorce on October 8, 2019 and the judgment of the trial court is final as of the date the new Decree is signed by the trial court.
Because the Court was unable to grant the entirety of the parties' motion, the Court has endeavored to implement the substance of the parties' agreed motion to achieve the same result. If the parties determine that the judgment of the Court does not accomplish the parties' intended result, a timely motion for rehearing must be filed which addresses the manner in which the Court can implement the agreement of the parties within the limitations of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.1; 49.1.
There being no agreement as to costs, costs of this appeal are taxed against Lana Johnson.
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Motion granted; judgment set aside; case remanded
Opinion delivered and filed July 9, 2020
Do not publish
[CR25]