Narrative Opinion Summary
An agreed motion for remand was filed by Kimberly R. Guillen (Appellant) and AMG Cityview Apartments LLC (Appellee), indicating they reached a settlement. The parties requested the Court of Appeals for the First District of Texas to set aside the trial court's judgment without addressing the merits and to remand the case for judgment according to their agreement. The court interpreted this as a motion to dismiss the appeal and granted the motion. Consequently, the trial court’s judgment was set aside, the case was remanded for execution of the settlement, and the appeal was dismissed. The Clerk was instructed to issue the mandate within ten days of the opinion date. The decision was issued by a panel consisting of Chief Justice Radack and Justices Landau and Hightower.
Legal Issues Addressed
Dismissal of Appeal on Agreed Motionsubscribe to see similar legal issues
Application: When an agreed motion for remand is interpreted by the court as a motion to dismiss the appeal, the court grants the motion, sets aside the trial court's judgment, and dismisses the appeal.
Reasoning: The court interpreted this as a motion to dismiss the appeal and granted the motion. Consequently, the trial court’s judgment was set aside, the case was remanded for execution of the settlement, and the appeal was dismissed.
Issuance of Mandatesubscribe to see similar legal issues
Application: The Clerk is directed to issue the mandate within a specified time frame following the court’s decision to facilitate the execution of the settlement.
Reasoning: The Clerk was instructed to issue the mandate within ten days of the opinion date.
Settlement and Remand Proceduresubscribe to see similar legal issues
Application: The court handles an agreed motion for remand by setting aside the trial court's judgment and remanding the case for execution of the settlement between the parties, without addressing the merits.
Reasoning: The parties requested the Court of Appeals for the First District of Texas to set aside the trial court's judgment without addressing the merits and to remand the case for judgment according to their agreement.