Opinion
01-24-00059-CV
03-21-2024
12th District Court of Grimes County Trial court case number: 035864
ORDER
Veronica Rivas-Molloy
On January 29, 2024, Appellant Michael Donald Lee Sanders, proceeding pro se, filed a Motion to Dismiss with Prejudice, representing that "the parties have entered into a settlement agreement that dismisses all claims with prejudice to the rights of either party." The Motion does not comply with applicable rules.
The Motion does not contain a certificate of conference indicating whether Appellee agrees to the requested relief. And the Motion fails to comply with Rule 42.1. To the extent Appellant seeks to dismiss his appeal, he is directed to file a motion to dismiss the appeal compliant with Texas Rule of Appellate Procedure 42.1(a)(1). To the extent Appellant seeks to either (a) render judgment effectuating the parties' agreement or (b) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement, he is directed to file a motion reflecting the specific relief sought consistent with Texas Rule of Appellate Procedure 42.1(a)(2).
The motion is denied without prejudice to refiling.
It is so ORDERED.