Narrative Opinion Summary
A Joint Motion to Dismiss was filed by Clydene Carter (appellant) and Southwestern Bell Yellow Pages, Inc. (appellee), indicating that the parties have reached a settlement regarding all matters in the appeal. The Court of Appeals for the Second District of Texas has granted this motion, set aside the trial court's judgment without addressing the merits of the case, and remanded it to the trial court for a judgment aligned with the settlement agreement. Costs from the appeal will be taxed against the appellant. The opinion was delivered on January 17, 2008, by a panel including Justices McCoy, Cayce, and Livingston.
Legal Issues Addressed
Appellate Court Authority to Set Aside Judgmentsubscribe to see similar legal issues
Application: The appellate court exercised its authority to set aside the trial court's judgment without evaluating the merits, due to the settlement reached by the parties.
Reasoning: The Court of Appeals for the Second District of Texas has granted this motion, set aside the trial court's judgment without addressing the merits of the case, and remanded it to the trial court for a judgment aligned with the settlement agreement.
Costs of Appealsubscribe to see similar legal issues
Application: The costs associated with the appeal were assigned to the appellant in accordance with the settlement agreement.
Reasoning: Costs from the appeal will be taxed against the appellant.
Settlement of Appealsubscribe to see similar legal issues
Application: The parties involved in the appeal reached a settlement, prompting the appellate court to dismiss the appeal and remand the case for a judgment consistent with the settlement.
Reasoning: A Joint Motion to Dismiss was filed by Clydene Carter (appellant) and Southwestern Bell Yellow Pages, Inc. (appellee), indicating that the parties have reached a settlement regarding all matters in the appeal.