Full Opinion

NUMBER 13-26-00276-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ CITY OF EDINBURG, Appellant, v. ANGIE MARTINEZ, INDIVIDUALLY AND AS NEXT FRIEND OF A.M., MINOR, Appellees. ____________________________________________________________ ON APPEAL FROM THE COUNTY COURT AT LAW NO. 5 OF HIDALGO COUNTY, TEXAS ____________________________________________________________ MEMORANDUM OPINION Before Justices Peña, West, and Fonseca Memorandum Opinion by Justice West This matter is before the Court on a joint motion to dismiss appeal. On May 7, 2026, we abated this case pending potential settlement. Upon review of the joint motion, it appears the settlement agreement has been finalized, and both parties request that we set aside the judgment and remand the case to the trial court. Accordingly, we construe the joint motion to dismiss as a motion to vacate the trial court’s judgment and remand the case to the trial court for rendition of judgment in accordance with the agreement. See TEX. R. APP. P. 42.1(a)(2)(B). We are of the opinion the motion should be granted. Therefore, we reinstate the appeal, grant the joint motion, vacate the trial court’s final judgment entered in CL-24-3355-E, and remand the case to the trial court for rendition of judgment. Additionally, the costs are taxed against the appellant. See id. R. 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. JON WEST Justice Delivered and filed on the 13th day of August, 2026. 2