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In the MATTER OF the MARRIAGE OF Jennifer Lee HORAN and Raj Lewis Horan and in the Interest of M.H.H. and K.M.H., Children

Court of Appeals of Texas, Amarillo2019-01-07No. No. 07-18-00202-CV
567 S.W.3d 449

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Opinion

majority opinion

Per Curiam

Raj Lewis Horan, appellant, appeals from the trial courts judgment granting a divorce to the parties, establishing rights to the children, and dividing the parties marital property, among other things. In his notice of appeal, Horan expressed his desire to appeal the Courts judgment ... rendered on February 15, 2018. On December 20, 2018, the parties filed a Joint Motion to Dismiss Appeal signed by both parties attorneys. In the motion, they represented that [t]he parties have reached an agreement to compromise and settle their differences in the suit. The parties also request that we set aside the trial courts judgment as to the division of the community estate without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties agreement. Tex. R. App. P. 42.01(a)(2)(B).

We grant the parties joint motion and set aside that part of the judgment as to the division of the community estate, and, as requested by the parties, remand the issue about the division of the community estate to the trial court for effectuation of their settlement agreement. As requested by the parties, we dismiss the remainder of the appeal without affirming the unmodified portions of the judgment.

It is so ordered.