In the Matter of the Marriage of Maria Esperanza Brown and Bailey Scott Brown and in the Interest of H.C.B., a Child v. the State of Texas

NUMBER 13-25-00081-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF
MARIA ESPERANZA BROWN AND BAILEY SCOTT BROWN
AND IN THE INTEREST OF H.C.B., A CHILD

ON APPEAL FROM THE 322ND DISTRICT COURT
OF TARRANT COUNTY, TEXAS

MEMORANDUM OPINION
Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Peña

Appellant Bailey Scott Brown filed a notice of appeal from the trial court’s

October 23, 2024 final decree of divorce. 1 The parties subsequently filed a joint

motion for reconsideration regarding meditation, which the court granted on February 19,

1 This case is before the Court on transfer from the Second Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2025. The parties then filed two joint motions to extend the date for mediation, both of

which the court granted.

On September 22, 2025, the parties filed a “Joint Motion to Affirm Divorce and

Property Division, but Reverse the Trial Court’s Judgment as to Child Custody Issues and

Remand This Matter for Entry of an Amended Agreed Final Decree of Divorce,” (Joint

Motion) approved as to form and substance and signed by all the parties’ counsel. In the

motion, the parties advise that they have reached a settlement and request that this Court

affirm the divorce and property division in the trial court’s judgment signed on October 23,

2024, but reverse the portion relating to child custody disputes and remand this matter to

the trial court for entry of an amended agreed final decree of divorce. See TEX. R. APP. P.

42.1(a)(2)(B).

Texas Rule of Appellate Procedure 42.1(a)(2), governing the voluntary dismissal

of civil appeals by agreement, allows an appellate court to:

(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 the proceeding in the trial court to

effectuate the agreement.

Id. R. 42.1(a)(2). Accordingly, we reinstate this case, grant the parties Joint Motion,

vacate the October 23, 2024 final decree of divorce without regard to the merits, dismiss

the appeal, and remand the case to the trial court for rendition of judgment in accordance

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with the parties’ agreement and for any further proceedings deemed necessary. See id.;

see also Est. of Steward, No. 13-23-00162-CV, 2023 WL 5486230 at *1 (Tex. App.—

Corpus Christi–Edinburg Aug. 24, 2023, no pet.) (mem. op.). Costs are taxed against

appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will

tax costs against the appellant.”). Having dismissed the appeal at the parties’ request, no

motion for rehearing will be entertained.

L. ARON PEÑA JR.
Justice

Delivered and filed on the
16th day of October, 2025.

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