Background
Lambeth Building Company appealed from an order of the 25th Judicial District Court in Guadalupe County. The trial court had granted the City of Selma’s plea to the jurisdiction and denied Lambeth’s motion for partial summary judgment.
While the appeal was pending, the parties settled their dispute and jointly moved for disposition under Texas Rule of Appellate Procedure 42.1(a)(2)(B). They asked the court of appeals to vacate the challenged order and remand the case so the trial court could render judgment in accordance with their settlement agreement.
The Court’s Holding
The Texas Fourth Court of Appeals granted the parties’ joint motion. Without addressing the merits, it set aside the trial court’s order granting the City’s plea to the jurisdiction and denying Lambeth’s motion for partial summary judgment.
The court remanded the case to the trial court for further proceedings consistent with the settlement. In accordance with the parties’ agreement and Texas Rule of Appellate Procedure 42.1(d), each party was assessed the appellate costs it incurred.
Key Takeaways
- An appellate court may set aside a trial-court judgment or order and remand the case to permit rendition of an agreed judgment under Texas Rule of Appellate Procedure 42.1(a)(2)(B).
- The court vacated the jurisdictional and summary-judgment rulings without regard to their merits.
- The settlement agreement controlled the allocation of appellate costs, with each party responsible for the costs it incurred.
Why It Matters
The disposition shows how Texas appellate procedure can facilitate settlement after an appeal has been filed. Vacating the challenged order and remanding allows the trial court to enter a judgment implementing the parties’ agreement without the appellate court deciding the underlying jurisdictional or summary-judgment issues.