In the Matter of the Marriage of David Peter Gomez and Mary Lou Gomez v. the State of Texas

NUMBER 13-25-00098-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF
DAVID PETER GOMEZ AND MARY LOU GOMEZ

ON APPEAL FROM THE 377TH DISTRICT COURT
OF VICTORIA COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Justice Cron

Appellant Mary Lou Gomez timely perfected an appeal from a final divorce decree

that dissolved her marriage to appellee David Peter Gomez. The primary issue on appeal

was the trial court’s decision not to award Mary Lou spousal maintenance. On our own

motion, we abated the appeal and ordered the parties to participate in mediation.

The parties have now filed a joint motion, signed by their respective attorneys,
informing the Court that they have reached a mediated settlement agreement that fully

resolves their underlying dispute. The parties ask that we dismiss the appeal and remand

the case to the trial court for the rendition of a new divorce decree reflecting the parties’

agreement. However, that specific combination of relief is not permitted under the Rules

of Appellate Procedure. See TEX. R. APP. P. 42.1; In re Matter of Marriage of McQueen,

597 S.W.3d 53, 54 (Tex. App.—Houston [14th Dist.] 2020, order).

We therefore construe the motion as a request for relief under Texas Rule of

Appellate Procedure 42.1(a)(2)(B). Accordingly, we reinstate the appeal, grant the

motion, set aside the trial court’s judgment without regard to the merits, and remand the

case to the trial court for the rendition of judgment in accordance with the settlement

agreement. See id. R. 42.1(a)(2)(B). Because there is no indication that the parties

agreed otherwise, appellate costs will be taxed against Mary Lou. See id. R. 42.1(d).

Finally, having disposed of the appeal at the parties’ request, no motion for rehearing will

be entertained.

JENNY CRON
Justice

Delivered and filed on the
23rd day of October, 2025.

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