In the Interest of E. M. and C. M., Children--Appeal from 65th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

) No. 08-03-00298-CV

)

) Appeal from the

IN THE INTEREST OF E.M. and C.M., )

CHILDREN, ) 65th District Court

)

) of El Paso County, Texas

)

) (TC# 2001CM8129)

)

MEMORANDUM OPINION

Pending before the Court is an agreed motion of settlement on appeal, requesting that this Court 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 parties= agreement. Texas Rules of Appellate Procedure 42.1(a)(2), provides:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

. . .

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

(A) render judgment effectuating the parties= agreements;

(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 agreements; or

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

On July 8, 2003, this Court referred the parties to mediation pursuant to Tex.Civ.Prac.&Rem.Code Ann. ' 154.021, et. seq. In their agreed motion, the parties represent to this Court that a mediation was convened on August 11, 2003 with all parties in attendance, along with their counsel of record, and full resolution of the issues was accomplished. The parties have complied with the requirements of Rule 42.1(a)(2). The Court has considered this cause on the parties= motion and concludes the motion should be granted. Accordingly, we set aside the trial court=s judgment without regard to the merits, and remand this cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement.

September 19, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.