IN THE

TENTH COURT OF APPEALS

No. 10-02-256-CV

IN THE INTEREST OF

T.H., M.H., AND T.T., CHILDREN

From the 85th District Court

Brazos County, Texas

Trial Court # 7964-85

MEMORANDUM OPINION

      Jessica Hammond appealed a decree terminating her parental rights. The parties have now filed an agreed motion to reverse the judgment and remand this cause for entry of a judgment terminating Hammond’s parental rights on the basis of an affidavit Hammond recently signed relinquishing her parental rights.

      Rule of Appellate Procedure 42.1(a)(2) provides:

(a) The appellate court may dispose of an appeal as follows:

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the 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 proceedings in the trial court to effectuate the agreement.

Tex. R. App. P. 42.1(a)(2).

      The parties attached a copy of their settlement agreement to their motion, satisfying the requirements of Rule 42.1(a)(2). When the parties file a copy of the settlement agreement with the court, a formal motion to dismiss is not required, but it does provide an efficient method of bringing the settlement to this Court’s attention.

      Accordingly, we set aside the judgment without regard to the merits and remand this cause to the trial court for rendition of judgment in accordance with the settlement agreement.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Set aside and remanded

Opinion delivered and filed January 29, 2003

[CV06]