Wilkinson, Kristin v. Jamie Cidzik and Jerry Cidzik

Reversed and Remanded and Opinion filed February 20, 2003

Reversed and Remanded and Opinion filed February 20, 2003.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-02-00776-CV

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KRISTIN WILKINSON, Appellant

 

V.

 

JAMIE CIDZIK and JERRY CIDZIK, Appellees

 

 

On Appeal from the County Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 753,716

 

 

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed April 4, 2002.

On February 11, 2003, the parties filed an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement.  See Tex. R. App. P. 42.1.  The parties ask that we set aside the judgment of the County Civil Court at Law No. 1 without regard to the merits of the appeal, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement. 


Rule 43.2 sets out the type of judgments an appellate court may render.  Vacating the trial court=s judgment and remanding the cause to the trial court is not one of the permissible judgments.  Accordingly, we construe the parties= motion to be a motion to reverse the trial court=s judgment and to remand to the trial court for rendition of judgment in accordance with the parties= settlement agreement.  The motion is granted.

Accordingly, we reverse the trial court=s judgment of April 4, 2002, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement.

 

PER CURIAM

 

Judgment rendered and Opinion filed February 20, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.