Opinion
12-21-00086-CV
11-17-2021
RUSK STATE HOSPITAL, TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND KERRI TAYLOR, APPELLANTS v. DAVID MCGOWAN, APPELLEE
APPEAL FROM THE 2ND JUDICIAL DISTRICT COURT CHEROKEE COUNTY, TEXAS (Tr.Ct.No. 2021-040098)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
Appellants, Rusk State Hospital, Texas Health and Human Services Commission, and Kerri Taylor, and Appellee, David McGowan, filed a stipulation to dismiss this appeal. The parties ask that this Court set aside the trial court's orders granting McGowan's Rule 202 petition and denying Appellants' plea to the jurisdiction, and remand the case to the trial court to dismiss McGowan's Rule 202 petition.
Texas Rule of Appellate Procedure 42.1 sets forth the actions that this Court may take in accordance with an agreement signed by the parties or their attorneys and filed with the clerk. Tex.R.App.P. 42.1(a)(2). This includes setting aside the trial court's judgment without regard to the merits and remanding the case to the trial court for rendition of judgment in accordance with the agreement. Tex.R.App.P. 42.1(a)(2)(B).
Accordingly, we grant the agreed motion to dismiss. See Tex. R. App. P. 42.1(a)(2)(A). We render judgment setting aside the trial court's May 14, 2021 order granting McGowan's Rule 202 petition and its May 24, 2021 order denying Appellants' plea to the jurisdiction, without regard to the merits. See Tex. R. App. P. 42.1(a)(2)(B). We remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See id.
JUDGMENT
THIS CAUSE came on to be heard on the agreed motion of the Appellants and Appellee to dismiss, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be granted; judgment is rendered setting aside the trial court's May 14, 2021 order granting Appellee's Rule 202 petition and its May 24, 2021 order denying Appellants' plea to the jurisdiction, without regard to the merits; the cause is remanded to the trial court for rendition of judgment in accordance with the parties' agreement, and that the decision be certified to the court below for observance.