Full Opinion

NUMBER 13-25-00312-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN THE MATTER OF THE MARRIAGE OF SYLVIA PATRICIA SUAREZ AND SERGIO J. SUAREZ SR. ON APPEAL FROM THE 24TH DISTRICT COURT OF VICTORIA COUNTY, TEXAS MEMORANDUM OPINION Before Justices Peña, West, and Fonseca Memorandum Opinion by Justice Peña This cause is before this Court on the parties’ joint motion to dismiss the appeal. In the joint motion to dismiss, the parties advise this Court they “have since reached a full final mutual agreement resolving all disputes between the parties” and request that we dismiss case, citing to Texas Rule of Appellate Procedure 42.1(a)(2). See TEX. R. APP. P. 42.1(a)(2). Texas Rule of Appellate Procedure 42.1 governs the voluntary dismissal of civil appeals on the motion of the appellant or by agreement of the parties. Id. R. 42.1. On the motion of the appellant, the court may dismiss the appeal or affirm the appealed judgment or order. Id. R. 42.1(a)(1). When the parties file an agreement signed by all parties or their attorneys, an appellate court 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 the proceeding in the trial court to effectuate the agreement. Id. R. 42.1(a)(2). The parties have not filed a settlement agreement with the clerk as required by Rule 42.1(a)(2) nor have they requested we take any of the three actions proscribed in Rule 42.1(a)(2). See id. However, after reviewing the relief requested in the joint motion, we conclude that the substance seeks a voluntary dismissal under Rule 42.1(a)(1). See id. R. 42.1(a)(1); Akindele v. Oshodi, No. 08-23-00139-CV, 2023 WL 5671448, at *1 (Tex. App.—El Paso Sep. 1, 2023, no pet.) (construing a joint motion to dismiss as a voluntary dismissal under Rule 42.1(a)(1); Walter v. Unifund CCR Partners, No. 01-09-00554-CV, 2009 WL 3152232, at *1 n.1 (Tex. App.—Houston [1st. Dist.] Oct. 1, 2009) (same). Therefore, the motion is granted, and the appeal is dismissed. TEX. R. APP. P. 42.1(a)(1). Per the motion, costs are taxed against appellant. Id. R. 42.1(d). Having 2 dismissed the appeal at the parties’ request, no motion for rehearing will be entertained. L. ARON PEÑA JR. Justice Delivered and filed on the 6th day of August, 2026. 3