Miguel Angel Lugo Gonzalez v. Maria Rosa Lugo Appeal from 324th District Court of Tarrant County (memorandum opinion per curiam)

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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-18-00397-CV ___________________________ MIGUEL ANGEL LUGO GONZALEZ, Appellant V. MARIA ROSA LUGO, Appellee On Appeal from the 324th District Court Tarrant County, Texas Trial Court No. 324-643613-18 Before Womack, J.; Sudderth, C.J.; and Gabriel, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT Appellant in this case has filed an “Agreed Motion Requesting Court to Render Judgment and/or Alternatively Motion to Set Aside Judgment and Remand to Trial Court.” The motion is electronically signed by both appellant’s and appellee’s attorneys. In the motion, appellant asks this court either 1) to render judgment in accordance with the parties agreed mediated settlement agreement or 2) to set aside the trial court’s judgment and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(A), (B). We have considered appellant’s motion, and it is the court’s opinion that the motion should be granted in part and denied in part.1 Accordingly, we grant appellant’s request to set aside “the trial court’s judgment without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with the agreement.” Tex. R. App. P. 42.1(a)(2)(B); see Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995). Costs of the appeal shall be paid by the party incurring same, for which let execution issue. See Tex. R. App. P. 42.1(d). Per Curiam Delivered: May 30, 2019 Because this court is proceeding pursuant to Rule 42.1(a)(2)(B), it is denying appellant’s requested relief under Rule 42.1(a)(2)(A). See Tex. R. App. P. 42.1(a)(2)(A), (B). 1 2

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