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Basim Mousilli v. Noura Sweed

Citation: Not availableDocket: 14-22-00139-CV

Court: Court of Appeals of Texas; February 6, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Motion granted; the prior judgment and certain orders of the trial court have been reversed and remanded. This pertains to consolidated appeals from a judgment dated October 13, 2021, involving Basim Mousilli (Appellant) and Noura Sweed (Appellee) from the 309th District Court in Harris County, Texas (Cause No. 2020-49635). On December 13, 2022, the Appellant filed a motion to set aside the judgment and certain orders based on a settlement agreement. The court referenced Texas Rule of Appellate Procedure 42.1(a)(2)(B), which allows appeals courts to set aside trial court judgments if agreed upon by parties and documented. The court granted the motion, reversed the judgment, and remanded the case for further proceedings consistent with the settlement agreement. The decision was made by a panel consisting of Justices Wise, Zimmerer, and Poissant.

Legal Issues Addressed

Application of Texas Rule of Appellate Procedure 42.1(a)(2)(B)

Application: The appellate court utilized Texas Rule of Appellate Procedure 42.1(a)(2)(B) to set aside the trial court's judgment when both parties agreed to a settlement.

Reasoning: The court referenced Texas Rule of Appellate Procedure 42.1(a)(2)(B), which allows appeals courts to set aside trial court judgments if agreed upon by parties and documented.

Reversal and Remand Based on Settlement Agreement

Application: The appellate court reversed the trial court's judgment and remanded the case in accordance with a settlement agreement reached by the parties.

Reasoning: The court granted the motion, reversed the judgment, and remanded the case for further proceedings consistent with the settlement agreement.