Patrick Thomas v. Janice Devon Durr ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00247-CV
Patrick THOMAS,
Appellant
v.
Janice Devon DURR,
Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-CI-19981
Honorable Angelica Jimenez, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 16, 2019
VACATED AND REMANDED
Appellant has filed an unopposed motion, stating that the parties have successfully
mediated all issues presented in this appeal. Attached to the motion is a copy of a mediated
settlement agreement signed by the parties and their attorneys. Appellant requests that the trial
court’s judgment be vacated, and that the case be remanded for the entry of a judgment in
conformity with the parties’ settlement agreement.
The motion is granted. See TEX. R. APP. P. 42.1(a) (allowing for the voluntary dismissal of
appeals by appellant’s motion or by agreement of the parties and their attorneys). The judgment of
04-18-00247-CV
the trial court is vacated, and the case is remanded to the trial court for the entry of a judgment in
conformity with the meditated settlement agreement. See id. 43.2(d) (allowing appellate courts to
reverse the trial court’s judgment and remand the case to the trial court for further proceedings).
Costs of appeal are taxed against appellant. See id. 42.1(d) (“Absent agreement of the parties, the
court will tax costs against the appellant.”).
PER CURIAM
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