Esco Communications, Inc. v. Billy and Ethel Dawson, et al.--Appeal from 249th District Court of Johnson County

State: Texas

Court: Texas Northern District Court

Docket No: 10-00-00192-CV

Case Date: 07/26/2000

Plaintiff: Esco Communications, Inc.

Defendant: Billy and Ethel Dawson, et al.--Appeal from 249th District Court of Johnson County

Preview:Esco Communications, Inc. v. Billy and Ethel Dawson,
et al.--Appeal from 249th District Court of Johnson
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Esco Communications, Inc. v. Billy and Ethel Dawson, et al /**/
IN THE
TENTH COURT OF APPEALS
No. 10-00-192-CV
ESCO COMMUNICATIONS, INC.,
Appellant
v.
BILLY AND ETHEL DAWSON, ET AL,
Appellees
From the 249th District Court
Johnson County, Texas
Trial Court # 249-245-98
O P I N I O N
On July 17, 2000, Appellant Esco Communications, Inc. and Appellees Billy and Ethel Dawson, individually and as
representatives of the Estate of Luke Bryan Dawson filed a joint motion to remand this case for rendition of a
judgment pursuant to a settlement agreement among the parties. In relevant portion, Rule 42.1(a) of the Texas Rules of
Appellate Procedure provides:
(a) The appellate court may dispose of an appeal as follows:
(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or
(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no
other party may be prevented from seeking any relief to which it would otherwise be entitled.
Tex. R. App. P. 42.1(a).
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The joint motion is signed by the parties attorneys. In the motion, the parties state that they have reached a settlement
and ask that we reverse the trial court s judgment and remand the cause for rendition of a take-nothing judgment. The
parties also indicate that their agreement provides that all court costs are to be taxed against Esco Communications.
Rule 42.1(a)(1) authorizes us to dispose of an appeal in accordance with the parties agreement. This includes the
ability to reverse the trial court s judgment pursuant to a settlement between the parties. See Polley v. Odom, 963
S.W.2d 917, 917-18 (Tex. App. Waco 1998, no pet.). Therefore, without reference to the merits of this appeal, we
reverse the trial court judgment and remand this cause to that court for rendition of a judgment pursuant to the parties
agreement. In accordance with the parties motion, costs are taxed against Esco Communications.
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Reversed and remanded
Opinion delivered and filed July 26, 2000
Do not publish
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