Kathleen Perusse v. Michael Perusse--Appeal from 199th District Court of Collin County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

KATHLEEN PERUSSE,

Appellant,

v.

MICHAEL PERUSSE,

Appellee.

No. 08-05-00025-CV

Appeal from the

199th District Court

of Collin County, Texas

(TC# 199-51562-04)

MEMORANDUM OPINION

Pending before the Court is the parties joint motion to set aside the judgment and remand this case to the trial court pursuant to Tex. R. App. P. 42.1(a)(2), which states:

(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; . . . .

The Appellant and Appellee have complied with the requirements of Rule 42.1(a)(2). The parties have requested that the Court grant their motion to set aside the trial court judgment and remand this case for the purpose of allowing the trial court to sign and enter a judgment in conformance with the settlement agreement entered into by the parties. The Court has considered this cause on the parties motion and concludes the motion should be granted and the trial court s judgment be vacated and the cause be remanded to the trial court for rendition of judgment in accordance with the parties agreement. We therefore set aside the judgment of the trial court and remand the case for further proceedings as appropriate.

RICHARD BARAJAS, Chief Justice

April 28, 2005

Before Barajas, C.J., McClure, and Chew, JJ.