Background
This case involves a family law matter concerning the marriage of Brandon Fowler and Maci Fowler and the custody of their two children, J.R.F. and J.J.F. The case originated in the 62nd District Court in Hopkins County, Texas, where a judgment was rendered in the trial court. The parties appealed the trial court’s decision to the Sixth Court of Appeals.
The Court’s Holding
During the appellate process, the parties reached a settlement agreement and jointly moved the appellate court to set aside the trial court’s judgment and remand the case for entry of judgment in accordance with their settlement. The court granted the parties’ motion pursuant to Texas Rules of Appellate Procedure 42.1(a)(2)(B) and 43.2(d), setting aside the trial court’s judgment without regard to its merits and remanding the case for rendition of judgment consistent with the settlement agreement reached by the parties.
Key Takeaways
- Parties to a family law appeal may settle their dispute and seek appellate court approval to set aside the trial judgment and remand for entry of a new judgment reflecting their agreement.
- Texas appellate courts grant such joint motions without reviewing the merits of the underlying trial court judgment when the parties have reached a bona fide settlement.
- The remand allows the trial court to enter a final judgment that memorializes the parties’ agreed-upon resolution.
Why It Matters
This decision illustrates the appellate procedure available to family law practitioners when their clients reach settlement during the appeal process. Rather than proceeding with appellate review, parties can move to set aside the trial judgment and have the trial court enter a final judgment based on the settlement agreement, avoiding the expense and uncertainty of appellate resolution.
For Texas family law practitioners, this procedural mechanism provides a pathway to finalize family law disputes after trial when changed circumstances or negotiations lead to agreement during appeal, particularly relevant in custody and dissolution matters where settlement often benefits all parties, including minor children involved.