Background
The City of Edinburg appealed a final judgment entered in Hidalgo County Court at Law No. 5 in trial-court cause number CL-24-3355-E. The appellees were Angie Martinez, individually and as next friend of minor A.M. The memorandum opinion does not describe the underlying claims or the terms of the judgment.
On May 7, 2026, the court of appeals abated the case while the parties pursued a potential settlement. After finalizing their agreement, the parties jointly moved to dismiss the appeal and asked the appellate court to set aside the trial court’s judgment and remand the case.
The Court’s Holding
The court construed the joint motion to dismiss as a motion under Texas Rule of Appellate Procedure 42.1(a)(2)(B) to vacate the trial court’s judgment and remand for rendition of judgment consistent with the parties’ agreement. It reinstated the appeal, granted the joint motion, vacated the final judgment, and remanded the case to the trial court for rendition of an agreed judgment.
The court taxed appellate costs against the City as appellant under Rule 42.1(d), noting that costs are assessed against the appellant absent an agreement otherwise. Because the appeal was dismissed at the parties’ request, the court stated that it would not entertain a motion for rehearing.
Key Takeaways
- An appellate court may construe a joint dismissal request as a motion to vacate and remand when the parties have settled and seek rendition of an agreed judgment.
- The trial court’s existing final judgment was vacated rather than left in place after dismissal of the appeal.
- Absent a contrary agreement, appellate costs are taxed against the appellant when an appeal is dismissed by agreement.
Why It Matters
The decision illustrates the procedural mechanism available when parties settle during a Texas appeal but need more than a simple dismissal. Under Rule 42.1(a)(2)(B), the appellate court may set aside the appealed judgment and return the case to the trial court so that it can render judgment in accordance with the settlement.