Huerta v. Buenrostro

• Docket Number: 13-23-00369-CV
• Decision Date: 18 January 2024
• Parties: PABLITA GALVEZ HUERTA, Appellant, v. ANTOLINA BUENROSTRO, Appellee.
• Court: Texas Court of Appeals

1

PABLITA GALVEZ HUERTA, Appellant,
v.
ANTOLINA BUENROSTRO, Appellee.

No. 13-23-00369-CV

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

January 18, 2024

On appeal from the 357th District Court of Cameron County, Texas.

Before Chief Justice Contreras and Justices Benavides and Tijerina

MEMORANDUM OPINION

GINA M. BENAVIDES Justice

This cause is before the Court on the parties' joint motion to set aside the trial court's amended final judgment without regard to the merits and remand the case to the trial court for entry of an agreed judgment.

The Court, having considered the documents on file and the joint motion signed by the parties' attorneys, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a).

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We grant the motion, reinstate the case, vacate the August 28, 2023 order without regard to the merits, dismiss the appeal, and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See id. R. 42.1(a)(2)(B) (providing that, "[i]n accordance with an agreement signed by the parties or their attorneys and filed with the clerk" we may "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").

Additionally, and in accordance with the parties' agreement, costs are taxed against the party that incurred them. Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained.