Farmers Texas County Mutual Insurance Company v. Karen Adams

NO. 12-23-00151-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

FARMERS TEXAS COUNTY MUTUAL § APPEAL FROM THE 294TH
INSURANCE COMPANY,
APPELLANT

V. § JUDICIAL DISTRICT COURT

KAREN ADAMS,
APPELLEE § VAN ZANDT COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

Appellant Farmers Texas County Mutual Insurance Company and Appellee Karen
Adams filed a joint motion to dismiss this appeal, indicating they reached an agreement to
submit an agreed judgment to the trial court. The parties ask that this Court set aside the trial
court’s judgment without regard to the merits, remand the case to the trial court for rendition of
judgment, and order that this Court’s mandate issue immediately.
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 joint motion to dismiss. We render judgment setting aside the
trial court’s judgment of May 10, 2023, 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. In accordance with the parties’ agreement, costs on appeal
are taxed against the party incurring same, and the mandate shall issue immediately. See TEX. R.
APP. P. 18.1(c).

Opinion delivered October 11, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 11, 2023

NO. 12-23-00151-CV

FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY,
Appellant
V.
KAREN ADAMS,
Appellee

Appeal from the 294th District Court
of Van Zandt County, Texas (Tr.Ct.No. 21-00078)

THIS CAUSE came on to be heard on the joint motion of the Appellant and
Appellee to dismiss, 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 May 10, 2023 judgment without regard to the merits; the cause is remanded to the
trial court for rendition of judgment in accordance with the parties’ 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