Opinion
Appellate case number: 01-17-00054-CV
10-05-2017
Cheri Vega v. Arturo Lira
ORDER Trial court case number: 2008-11473 Trial court: 309th District Court of Harris County
Appellant, Cheri Vega, filed an "Unopposed Motion to Dismiss Appeal" requesting dismissal of this appeal and claiming that the appellees are Arturo Lira and Karleana Farias. Appellant's motion asks that this Court "allow the trial court to enter a judgment in accordance with the parties' agreement," citing Rule of Appellate Procedure 42.1(a)(2)(B), and that "the cost on appeal should be taxed in accordance with the parties' agreement." Although the motion contains a certificate of service on counsel for appellee Lira and the amicus attorney Farias, Farias is not an appellee, and the motion was neither signed by Lira's counsel nor did it contain a certificate of conference. See TEX. R. APP. P. 10.1(a)(5), 10.3(b).
Voluntary dismissal of an appeal is governed by Rule of Appellate Procedure 42.1. Dismissal by agreement requires that "an agreement signed by the parties or their attorneys" be "filed with the clerk." TEX. R. APP. P. 42.1(a)(2). The rule allows this Court to "render judgment effectuating the parties' agreements." Id. 42.1(a)(2)(A). The rule also authorizes this Court to "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 agreements." Id. 42.1(a)(2)(B) (emphasis added). However, the rule does not authorize dismissal on the terms proposed by the motion, i.e., to "allow the trial court to enter a judgment in accordance with the parties' agreement."
Accordingly, the Court DENIES appellant's motion without prejudice to refiling in compliance with Rule 42.1(a)(2).
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court
Date: October 5, 2017