Background
Archer Roose, Inc. appealed from a default judgment entered by the 370th District Court of Hidalgo County in trial court cause number C-1166-26-G.
While the appeal was pending, Archer Roose and Favorite Brands, LLC settled all claims between them. They jointly asked the court of appeals to vacate the trial court’s judgment and dismiss the case under Texas Rules of Appellate Procedure 42.1(a)(2)(B) and 43.2(e). Archer Roose also had a pending motion for additional time to file its appellate brief.
The Court’s Holding
The Thirteenth Court of Appeals granted the parties’ joint motion. It vacated the trial court’s order granting default judgment and dismissed the appeal.
Consistent with the parties’ apparent agreement, the court taxed costs against the party that incurred them. It dismissed Archer Roose’s briefing-extension motion as moot, stated that it would not entertain a motion for rehearing, and instructed the clerk to issue the mandate immediately.
Key Takeaways
- A settlement during an appeal may support agreed vacatur of the trial court’s judgment and dismissal of the appeal under Texas appellate rules.
- The vacated order was the default judgment entered in trial court cause number C-1166-26-G.
- The court ordered immediate issuance of the mandate and treated the pending briefing-extension request as moot.
Why It Matters
The disposition illustrates how Texas appellate courts may implement a settlement by removing the underlying judgment rather than merely dismissing the appeal and leaving that judgment in place. Here, the parties obtained both vacatur of the default judgment and termination of the appellate proceeding.