Opinion issued January 28, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00301-CV
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KENDALL SHIVE, Appellant
V.
SHIRLEY T. STINSON, Appellee
On Appeal from the 335th District Court
Bastrop County, Texas1
Trial Court Case No. 499-335
MEMORANDUM OPINION
1
Pursuant to its docket equalization authority, the Supreme Court of Texas
transferred this appeal to this Court. See Misc. Docket No. 20–9048 (Tex.
Mar. 31, 2020); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of
cases).
On March 17, 2020, appellant, Kendall Shive, filed a notice of appeal of the
trial court’s December 18, 2019 order granting appellee, Shirley T. Stinson,
summary judgment. On July 7, 2020, this appeal was abated, at appellant’s request,
to allow the parties an opportunity to finalize the terms of a settlement agreement.
The parties, representing that they have reached such an agreement, have filed
a joint motion to reinstate the appeal and for disposition in accordance with the terms
of the agreement. The motion requests that we reinstate the appeal, vacate the trial
court’s December 18, 2019 order, dismiss the case in its entirety, order that all costs
on appeal be taxed against the parties who incurred the same, and order that this
Court’s mandate issue immediately. No opinion has issued. See TEX. R. APP. P.
42.1(c).
Accordingly, we grant the parties’ motion, reinstate the appeal, vacate the trial
court’s December 18, 2019 order, and dismiss the case. See TEX. R. APP. P.
42.1(a)(2)(A), 43.2(e); see e.g., Jester Venture Ltd. v. Nash, No. 01-06-00512-CV,
2006 WL 2042358, at *1 (Tex. App.—Houston [1st Dist.] July 17, 2006, no pet.)
(mem. op.) (vacating trial court’s judgment and dismissing case on parties’ agreed
motion). We direct the Clerk of this Court that costs are to be taxed against the party
who incurred the same. See TEX. R. APP. P. 42.1(d). We further direct the Clerk of
this Court to issue the mandate immediately. See TEX. R. APP. P. 18.1(c). We
dismiss all other pending motions as moot.
2
PER CURIAM
Panel consists of Justices Hightower, Countiss, and Farris.
3