Opinion
13-23-00396-CV
11-18-2024
LARRY MENARD, Appellant, v. SHERRY L. CATHEY A/K/A SHERRY L. KUENSTLER AND RICHARD KUENSTLER, Appellees.
ON APPEAL FROM THE 135THDISTRICT COURT OF GOLIAD COUNTY, TEXAS
Before Chief Justice Contreras and Justices Benavides and Silva
ORDER
PER CURIAM
This appeal is before the Court on appellees' Motion to Vacate and Set Aside Judgment. In their motion, appellees Sherry L. Cathey a/k/a Sherry L. Kuenstler and Richard Kuenstler request this Court to vacate the trial court's judgment entered in their favor and remand this cause to the trial court for a trial on the merits. In their certificate of conference, appellees stated that they were unable to reach appellant's counsel. This Court requested a response from appellant Larry Menard, but none was filed.
It appears to this Court that both parties, albeit in different pleadings, are now requesting that this Court vacate the trial court ruling and remand this case to the trial court. Under certain circumstances, an appellate court may vacate a trial court's ruling pursuant to the agreement of the parties. See Tex. R. App. P. 42.1(a)(2)(B).
Appellant's request appears in its prayer for relief in its brief filed in this appeal, along with the alternative request that this Court reverse the trial court judgment and render judgment in his favor. We express no opinion on the merits of the appeal, or the availability of any particular remedy on appeal, however, we note that the record does not reflect any cross-motion for summary judgment.
IT IS THEREFORE ORDERED that the parties confer and within ten (10) days of the date of this Order: (1) advise this Court whether they agree that the trial court's judgment should be set aside without regard to the merits and the case remanded to the trial court for rendition of judgment in accordance with such agreement and for any further proceedings deemed necessary; and, if so, (2) jointly file a motion with this Court that comports with the requirements of Texas Rule of Appellate Procedure 42.1(a)(2)(B). See Tex. R. App. P. 42.1(a)(2)(B); see also Estate of Steward, No. 13-23-00162-CV, 2023 WL 5486230, at *1 (Tex. App.-Corpus Christi-Edinburg, Aug. 24, 2023, no pet.) (mem. op).