Opinion
13-23-00162-CV
08-24-2023
ESTATE OF ROGER DAVID STEWARD, DECEASED
On appeal from the County Court at Law No. 3 of Nueces County, Texas.
Before Contreras Chief Justice and Benavides and Longoria Justices.
MEMORANDUM OPINION
GINA M. BENAVIDES, Justice.
Margaret Louise Steward filed a notice of restricted appeal regarding a final judgment rendered in trial court cause number 2008-PR-45519-3 in the County Court at Law No. 3 of Nueces County, Texas. Currently before the Court is a "Motion to Dismiss Appeal by Agreement." According to this motion, the parties to this appeal have reached an agreement, and they request that we render judgment reversing the final judgment signed on November 3, 2022, and remand the case to the trial court for further proceedings. See Tex. R. App. P. 42.1(a)(2)(A). Texas Rule of Appellate Procedure 42.1, governing the voluntary dismissal of civil appeals by agreement, allows 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). This rule does not allow an appellate court to reverse a judgment and remand the case by agreement. See id. Therefore, we construe the agreed motion in accordance with the appellate rules, and we grant the agreed motion as stated herein. We set aside the trial court's judgment without regard to the merits, and we remand the case to the trial court for rendition of judgment in accordance with the agreement and for any further proceedings deemed necessary.