Wilkinson, Kristin v. Jamie Cidzik and Jerry Cidzik--Appeal from Co Civil Ct at Law No 1 of Harris County

Reversed and Remanded and Opinion filed February 20, 2003

Reversed and Remanded and Opinion filed February 20, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-00776-CV

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KRISTIN WILKINSON, Appellant

V.

JAMIE CIDZIK and JERRY CIDZIK, Appellees

On Appeal from the County Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 753,716

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed April 4, 2002.

On February 11, 2003, the parties filed an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1. The parties ask that we set aside the judgment of the County Civil Court at Law No. 1 without regard to the merits of the appeal, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement.


Rule 43.2 sets out the type of judgments an appellate court may render. Vacating the trial court=s judgment and remanding the cause to the trial court is not one of the permissible judgments. Accordingly, we construe the parties= motion to be a motion to reverse the trial court=s judgment and to remand to the trial court for rendition of judgment in accordance with the parties= settlement agreement. The motion is granted.

Accordingly, we reverse the trial court=s judgment of April 4, 2002, and remand the cause to the trial court for rendition of judgment in accordance with the parties= settlement agreement.

PER CURIAM

Judgment rendered and Opinion filed February 20, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.