Joe David Lozano v. Rose Zambrano Lozano--Appeal from 45th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00281-CV
Joe David LOZANO,
Appellant
v.
Rose Zambrano LOZANO,
Appellee

From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CI-01297
Honorable John D. Gabriel, Jr., Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 20, 2004

JOINT MOTION TO SET ASIDE JUDGMENT AND REMAND PURSUANT TO SETTLEMENT AGREEMENT GRANTED IN PART; JUDGMENT AFFIRMED IN PART AND SET ASIDE AND REMANDED IN PART

The parties have filed a joint motion styled a motion to dismiss the appeal. However, the motion advises the court the parties have reached a compromise settlement agreement, asks the court to set aside the trial court's divorce decree without regard to the merits, and asks the court to remand the case to the trial court for further consideration in accordance with the parties' agreement.

We grant the motion in part. We affirm the trial court's judgment dissolving the marriage, (1) sever this issue, and in all other respects set aside the trial court's judgment without regard to the merits and remand the case to the trial court for further consideration in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B). All costs of this appeal are taxed against appellee.

PER CURIAM

1. We assume the parties do not want to set aside that part of the trial court's judgment that dissolves the marriage and therefore affirm that part of the decree. If we are mistaken in our assumption, the parties may so advise us in a motion for rehearing.