Background
Sue Simmons White appealed from a Jones County trial court order removing her as independent executor of the Estate of Charles Franklin White.
While the appeal was pending, White and appellee Elliott Logsdon White entered a settlement agreement resolving their disputes and proceedings. They jointly moved for relief under Texas Rule of Appellate Procedure 42.1(a)(2)(B).
The Court’s Holding
The Eleventh Court of Appeals granted the joint motion. Without reaching the merits of the executor-removal dispute, it set aside the trial court’s order and remanded the case for rendition of judgment consistent with the parties’ settlement agreement.
The court also dismissed as moot the appellant’s motion to strike the appendix to appellee’s brief.
Key Takeaways
- A settled appeal may be resolved by setting aside the appealed order without regard to the merits.
- The appellate court remanded for the trial court to enter judgment implementing the parties’ agreement.
- The court did not decide whether removal of the independent executor was substantively proper.
Why It Matters
The decision illustrates the procedural route available when parties settle an estate-administration appeal: they may jointly seek vacatur of the challenged order and a remand for an agreed judgment. Because the disposition was settlement-based, it provides no merits ruling on standards for removing an independent executor.