Opinion
NO. 03-19-00303-CV
03-10-2021
Lantana Ridge Property Owners Association, Inc., Appellant v. SJWTX, Inc. d/b/a Canyon Lake Water Service Co., Appellee
ON MOTION FOR REHEARING
FROM THE 22ND DISTRICT COURT OF COMAL COUNTY
NO. C2018-1123A, THE HONORABLE WILLIAM C. KIRKENDALL, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Lantana Ridge Property Owners Association, Inc. has filed an agreed motion for dismissal of appeal and entry of judgment pursuant to an attached settlement agreement. See Tex. R. App. P. 42.1(a)(2). The motion requests that this Court dismiss the appeal, reverse the judgment of the trial court, and render judgment in the form requested by the motion. We cannot, however, both dismiss an appeal and reverse and render judgment. See Tex. R. App. P. 43.2. Further, the relief in the requested judgment is not within the scope of our appellate review, as we explained in our opinion. See Lantana Ridge Prop. Owners Ass'n v. SJWTX, Inc., No. 03-19-00303-CV, 2020 WL 1880975, at *4 (Tex. App.—Austin Apr. 16, 2020, no pet. h.) (mem. op.). Because we are unable to grant the entirety of the parties' motion, we have endeavored to implement the substance of the parties' settlement agreement to achieve the same result. Accordingly, construing the motion broadly to include a request to dispose of the appeal pursuant to Rule 42.1(a)(2)(B), we grant the motion in part: we set aside the trial court's judgment without regard to the merits, we withdraw our opinion, and we remand the case to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(B), (c). We deny the motion to the extent that it requests that we dismiss the appeal and render the requested judgment. See id. R. 42.1(a)(2)(A).
If the parties determine that our judgment does not accomplish the parties' intended result, they may file a timely motion for rehearing addressing the manner in which we can implement the parties' agreement within the limitations of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 49.1. --------
/s/_________
Melissa Goodwin, Justice Before Justices Goodwin, Kelly, and Smith Vacated and Remanded on Joint Motion Filed: March 10, 2021