Narrative Opinion Summary
Rickey B. Newell and Litton Loan Servicing, LLC jointly filed an "Agreed Motion for Entry of Judgment" on March 18, 2013, requesting the Court of Appeals for the First District of Texas to vacate a prior trial court judgment and to address the validity of various property-related filings. Their intention was to enable Litton to initiate new foreclosure proceedings against Newell. Although they referenced Texas Rule of Appellate Procedure 42.1(a)(2)(A), which permits the court to render judgments that reflect parties' agreements, the relief sought exceeded the scope of this rule. The court noted it cannot vacate a trial court judgment or order a new trial based solely on the parties' agreement without evidence of reversible error or a settlement. As neither condition was met, the motion was denied. The order was issued by Justice Evelyn V. Keyes on March 19, 2013.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 42.1(a)(2)(A)subscribe to see similar legal issues
Application: The parties attempted to use Texas Rule of Appellate Procedure 42.1(a)(2)(A) to vacate a judgment and facilitate new foreclosure proceedings, but the relief sought went beyond the rule's scope.
Reasoning: Although they referenced Texas Rule of Appellate Procedure 42.1(a)(2)(A), which permits the court to render judgments that reflect parties' agreements, the relief sought exceeded the scope of this rule.
Limitations on Court Authority to Vacate Judgmentssubscribe to see similar legal issues
Application: The court cannot vacate a trial court judgment based solely on the agreement of the parties without the presence of reversible error or a settlement.
Reasoning: The court noted it cannot vacate a trial court judgment or order a new trial based solely on the parties' agreement without evidence of reversible error or a settlement.