IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 4, 2002
______________________________
IN THE INTEREST OF DEVIN RAY PARSON
AND TEVIN WAYNE PARSON, CHILDREN
_________________________________
FROM THE 69TH DISTRICT COURT OF DALLAM COUNTY;
NO. 9593; HONORABLE RON ENNS, JUDGE
_______________________________
ON JOINT MOTION TO REMAND AND STAY APPEAL
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Appellant Sharon Parson, natural mother of minor children Devin Ray Parson and Tevin Wayne Parson, presents this appeal from the April 27, 2001 judgment following a jury trial terminating her parental rights to her two minor children. Appellant filed her brief on November 21, 2001. Then, on December 20, 2001, appellant and The Texas Department of Protective and Regulatory Services filed a Joint Motion (1) to Remand to Trial Court and Stay Appeal Pending Trial Court Hearing and Ruling on Appellant's Motion for New Trial. (2) Movants cite Hensley v. Salinas, 583 S.W.2d 617 (Tex. 1979), as support for their motion that we abate the appeal and remand the cause to the trial court for a hearing and ruling on appellant's motion for new trial. Hensley is not controlling because that appeal challenged an alleged agreed judgment, the Supreme Court reversed the decision of the Court of Civil Appeals and remanded the case to the trial court with instructions to conduct a hearing on the motion for new trial pursuant to former Rule 483 of the Texas Rules of Civil Procedure, (3) and the case was remanded to the trial court without abatement of the appeal.
Concluding that the motion in its present form must be overruled, it is so ordered. However, recognizing the potential problems presented by the current rules and the difficulty encountered by the parties desiring to settle their dispute during the pendency of an appeal, we overrule the motion without prejudice to the presentation of another motion taking into consideration the matters discussed in Dunn v. Canadian Oil & Gas Services, Inc., 908 S.W.2d 323, 324 (Tex.App.--El Paso1995, no writ). In the absence of the submission of a new motion approved by counsel for all interested parties, the brief of the Texas Department of Protective and Regulatory Services shall be filed by February 1, 2002.
It is so ORDERED.
Per Curiam
Publish.
1. Motion not approved by counsel for the minor children or by Alfred Vigil, Jr. or Dennis Love, whose rights were also terminated by the order.
2. The Texas Department of Protective and Regulatory Services does not concede or acknowledge error.
3. Rule 483 was repealed effective September 1, 1986.
prises, appellant, appealed a judgment of the 181st District Court of Randall County in favor of Transit Mix Concrete & Materials Company, appellee. On December 19, 2008, appellant and appellee, through their counsel, filed a joint motion to abate the appeal and permit proceedings in the trial court to effectuate a settlement agreement. See Tex. R. App. P. 42.1(a)(2)(C) (authorizing same). The parties have reached an agreement to settle and compromise their differences and disputes, not only on the issues which are the subject of this appeal, but also in collateral proceedings. We abated the cause to the trial court so that the settlement can be effectuated, and the clerk’s record now on file shows that to have occurred.
Accordingly, we reinstate the appeal and dismiss it as settled. Having dismissed the appeal as a result of the settlement, no motion for rehearing will be entertained, and our mandate will issue forthwith.
It is so ordered.
Per Curiam