William Taylor v. Zachary Starr

NO. 12-24-00156-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

WILLIAM TAYLOR, § APPEAL FROM THE 413TH
APPELLANT

V. § JUDICIAL DISTRICT COURT

ZACHARY STARR,
APPELLEE § JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

Appellant, William Taylor, filed an unopposed motion to set aside the trial court’s
judgment and remand the case for rendition of judgment according to the parties’ settlement.
Texas Rule of Appellate Procedure 42.1 sets forth the actions that this Court may take in
accordance with an agreement signed by the parties or their attorneys and filed with the clerk.
TEX. R. APP. P. 42.1(a)(2). We may: (A) render judgment effectuating the parties’ agreement;
(B) set aside the trial court’s judgment without regard to the merits and remand the case to the
trial court for rendition of judgment in accordance with the agreement; or (C) abate the appeal
and permit proceedings in the trial court to effectuate the agreement. TEX. R. APP. P. 42.1(a)(2).
Accordingly, we grant the unopposed motion. See TEX. R. APP. P. 42.1(a)(2)(A). We
render judgment setting aside the trial court’s judgment of February 9, 2024, without regard to
the merits. See TEX. R. APP. P. 42.1(a)(2)(B). We remand the case to the trial court for
rendition of judgment in accordance with the parties’ agreement. See id. Costs on appeal are
taxed against the party incurring same.

Opinion delivered October 23, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 23, 2024

NO. 12-24-00156-CV

WILLIAM TAYLOR,
Appellant
V.
ZACHARY STARR,
Appellee

Appeal from the 413th District Court
of Johnson County, Texas (Tr.Ct.No. DC-C201800354)

THIS CAUSE came on to be heard on the Appellant’s unopposed motion to
set aside the trial court’s judgment and remand for rendition of judgment according to the
parties’ settlement, and the same being considered, it is hereby ORDERED, ADJUDGED, and
DECREED by this Court that the motion be granted; judgment is rendered setting aside the
trial court’s February 9, 2024 judgment without regard to the merits; the cause is remanded to
the trial court for rendition of judgment in accordance with the parties’ settlement agreement,
and that the decision be certified to the court below for observance. Costs on appeal are taxed
against the party incurring same.

By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.