NO. 07-04-0540-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 25, 2005
______________________________
EX PARTE JULIA ALAYNE BLACK
_________________________________
FROM THE 46TH DISTRICT COURT OF HARDEMAN COUNTY;
NO. 9872; HONORABLE TOM NEELY, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Pending before the court is a joint motion seeking reversal of an order of expunction
and remand to the trial court for rendition of an order denying expunction. The 46th District
Court of Hardeman County rendered an order pursuant to Chapter 55 of the Code of
Criminal Procedure directing the Hardeman County Police Department to expunge records
concerning a March 1999 arrest of appellee, Julia Alayne Black. The order also directed
that a copy be provided the Texas Department of Public Safety (DPS) which was ordered
to notify “any central federal depository of criminal records” of the order and its effect. See
Tex.Code Crim.Proc. Ann. art. 55.02 § 3(a) (Vernon Pamph. 2004).
The DPS filed a motion for new trial asserting, inter alia, appellee was placed on
deferred adjudication probation precluding her from seeking expunction of records. The
record does not contain an indication the trial court took action on the motion for new trial.
The DPS perfected appeal from the court’s order. The Clerk’s record has been filed.
The parties have now filed a joint motion in which they agree the case should be
reversed and remanded to the trial court for rendition of an order denying expunction and
that such an order will resolve all issues in the appeal. Voluntary dismissal of appeals in
civil cases is governed by Rule of Appellate Procedure 42.1. When the parties seek
disposition by agreement, Rule 42.1(a)(2) authorizes an appellate court to (A) render
judgment effectuating the parties’ agreement; (B) set aside the trial court’s judgment
without regard to the merits and remand the case to the trial court for rendition of judgment
in accordance with the agreement; or (C) abate the appeal and permit proceedings in the
trial court to effectuate the agreement. Tex. R. App. P. 42.1(a)(2). The parties’ motion
falls within the ambit of Rule 42.1(a)(2)(B). We grant the motion, set aside the trial court’s
order without regard to the merits, and remand the case to the trial court for the rendition
of judgment in accordance with the parties’ agreement.
The court will require that appellant submit a motion to dismiss this appeal following
the anticipated action in the trial court.
James T. Campbell
Justice
-2-
Ex Parte Julia Alayne Black
Combined Opinion