Set Aside Judgment and Remand and Opinion Filed August 17, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01327-CV
IN THE INTEREST OF M.S. AND M.S., CHILDREN
On Appeal from the 354th Judicial District Court
Hunt County, Texas
Trial Court Cause Nos. 85,193 & 85,127
MEMORANDUM OPINION NUNC PRO TUNC
Before Justices Francis, Fillmore, and Whitehill
Opinion by Justice Francis
Before this Court is the parties’ Amended Joint Expedited Motion to Set Aside Judgment
and Remand to the Trial Court filed July 27, 2018. In the motion, the parties state they have
entered into a mediated settlement agreement in which they agreed, among other things, to dismiss
this consolidated appeal and mandamus. They request that, pursuant to Texas Rule of Appellate
Procedure 42.1(a)(2)(B), we set aside the trial court’s judgment without regard to the merits and
remand the case.
We grant the parties’ motion. We 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
parties’ agreement. TEX. R. APP. P. 42.1(a)(2)(B).
/Molly Francis/
MOLLY FRANCIS
171327F.P05 JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT NUNC PRO TUNC
IN THE INTEREST OF M.S. AND M.S., On Appeal from the 354th Judicial District
CHILDREN Court, Hunt County, Texas
Trial Court Cause Nos. 85,193 & 85,127.
No. 05-17-01327-CV Opinion delivered by Justice Francis.
Justices Fillmore and Whitehill
participating.
In accordance with this Court’s opinion of this date, the parties’ Amended Joint
Expedited Motion to Set Aside Judgment and Remand to the Trial Court is GRANTED. The
judgment of the trial court is SET ASIDE and this case is REMANDED to the trial court for
rendition of judgment in accordance with the parties' agreement.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered August 17, 2018.
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