Opinion
NO. 01-17-00268-CV
07-24-2018
MADELEINE CONNOR, Appellant v. CABRACH CONNOR, Appellee
On Appeal from the 98th District Court Travis County, Texas
Trial Court Case No. D-1-FM-06-003296
MEMORANDUM OPINION
Appellant Madeleine Connor appeals from the trial court's January 30, 2017 order on appellant's motion for enforcement. Appellee Cabrach Connor filed a motion to dismiss the appeal, arguing that appellant waived her right to appeal. Appellant responded to the motion at the court's request.
The parties entered into a mediated settlement agreement. As part of that agreement, appellant agreed to waive her right to appeal the trial court's order. In her response to the motion to dismiss, appellant did not dispute her contractual waiver. Instead, she argues that she has been relieved from the agreement by an alleged prior breach by appellee. We have no record to show that appellant has secured a judicial determination that appellee was first to breach the agreement and that her waiver is therefore unenforceable. Nor has she appealed from any adverse ruling denying such relief.
After considering the parties' arguments and the record, we grant appellee's motion and dismiss this appeal. See TEX. R. APP. P. 42.3, 43.2(f). Any pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Keyes, Bland, and Massengale.