James Rebector v. State of Texas--Appeal from 73rd Judicial District Court of Bexar County

99-00234 Rebector v State of Texas.wpd No. 04-99-00234-CV
James REBECTOR,
Appellant
v.
The STATE of Texas,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 98-CI-07934
Honorable Michael Peden, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: October 20, 1999

REVERSED AND REMANDED

This is an appeal from the trial court's judgment signed March 4, 1999. The parties have filed a joint motion to dismiss this appeal, stating that they have fully compromised and settled all issues in dispute. Attached to the motion is an Agreed Final Judgment signed by the trial court on October 1, 1999. The trial court was without jurisdiction to enter the Agreed Final Judgment, and such judgment is a nullity. See Tex. R. Civ. P. 329b(d).

If we granted the motion to dismiss as filed by the parties, the cause would be deemed moot, and all previous orders and judgments, both trial and appellate, would be set aside. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Exxon Corp. v. Butler, 619 S.W.2d 399, 399 (Tex. 1981); Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863, 863-64 (1943); Panterra v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex. App.--San Antonio 1995, no writ). We do not believe that this was the intent of the parties based on the documentation that has been filed. We deem the parties' motion as requesting that the trial court's judgment, which is the subject of this appeal, be reversed, and that the cause be remanded for the entry of a judgment in conformity with the parties' settlement agreement. We grant this request. The judgment of the trial court is reversed, and the cause is remanded for the entry of a judgment in conformity with the settlement agreement. Costs of appeal are taxed against the parties who have incurred them.

PER CURIAM

DO NOT PUBLISH