Rosa Maria Garcia Gonzalez v. Danielle Melgoza Appeal from 55th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued March 29, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00243-CV ——————————— ROSA MARIA GARCIA GONZALEZ, Appellant V. DANIELLE MELGOZA, Appellee On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2020-08337 MEMORANDUM OPINION Appellant, Rosa Maria Garcia Gonzalez, has filed a “joint motion to vacate the trial court’s judgment and dismiss the appeal.” Because appellee’s counsel did not sign the motion and the certificate of conference did not state that appellee was unopposed or agreed to the relief requested in the motion, the Court held this motion for 10 days as required by Rule 10.3(a) and no response was filed. No opinion has issued. Although entitled a joint motion to vacate and dismiss, appellant asks this Court in the body of her motion either to set aside the trial court’s judgment or set aside the trial court’s judgment without regard to the merits and to remand the case to the trial court for rendition of judgment in accordance with the parties’ settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Accordingly, we grant the motion. The appeal is dismissed, the trial court’s judgment is set aside without regard to the merits, and the case is remanded to the trial court for rendition of judgment in accordance with the parties’ agreement. See id. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Landau, Hightower, and Rivas-Molloy. 2
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