Opinion
No. 04-04-00281-CV
Delivered and Filed: October 20, 2004.
Appeal from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-01297, Honorable John D. Gabriel, Jr., Judge Presiding.
Joint Motion to set aside Judgment and Remand Pursuant to Settlement Agreement Granted in Part; Judgment Affirmed in Part and set aside and Remanded in Part.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
The parties have filed a joint motion styled a motion to dismiss the appeal. However, the motion advises the court the parties have reached a compromise settlement agreement, asks the court to set aside the trial court's divorce decree without regard to the merits, and asks the court to remand the case to the trial court for further consideration in accordance with the parties' agreement.
We grant the motion in part. We affirm the trial court's judgment dissolving the marriage, sever this issue, and in all other respects set aside the trial court's judgment without regard to the merits and remand the case to the trial court for further consideration in accordance with the parties' agreement. See Tex.R.App.P. 42.1(a)(2)(B). All costs of this appeal are taxed against appellee.
We assume the parties do not want to set aside that part of the trial court's judgment that dissolves the marriage and therefore affirm that part of the decree. If we are mistaken in our assumption, the parties may so advise us in a motion for rehearing.