Pediatric Services of America, Inc. d/b/a Aveanna Healthcare and Isaac Guzman v. Stephen Cantu and Maria Teresa Andrade as Next Friend of J.G.C. and Maria Teresa Andrade on behalf of the Estate of Rebecca Lee Cantu Appeal from 206th District Court of Hidalgo County (memorandum opinion)
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NUMBERS 13-22-00408-CV, 13-23-00071-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG PEDIATRIC SERVICES OF AMERICA, INC. D/B/A AVEANNA HEALTHCARE AND ISAAC GUZMAN, Appellants, v. STEPHEN CANTU AND MARIA TERESA ANDRADE AS NEXT FRIEND OF J.G.C. AND MARIA TERESA ANDRADE ON BEHALF OF THE ESTATE OF REBECCA LEE CANTU, Appellees. On appeal from the 206th District Court of Hidalgo County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria Appellants Pediatric Services of America, Inc. d/b/a Aveanna Healthcare and Isaac Guzman perfected appeals from judgments 1 entered by the 206th District Court of Hidalgo County, Texas, in cause number C-0514-20-D. On August 8, 2023, the parties filed their “Joint Motion to Abate Appeals to Effectuate Settlement Agreement” in appellate cause numbers 13-22-00408-CV and 1323-00071-CV. In this filing, the parties sought to abate the appeals to allow the trial court to conduct a hearing regarding the approval of a settlement agreement between the parties. See TEX. R. APP. P. 42.1(a)(2)(C). On August 10, 2023, we abated the appeals for sixty days pursuant to the parties’ request. Our order directed appellants to file either “(1) a motion to reinstate the appeal, or (2) a motion to dismiss the appeal pursuant to settlement with the Clerk of this Court within sixty days from the date of this order.” On August 17, 2023, the parties filed their “Amended Joint Motion to Dismiss Appeals and Remand Under TRAP 42.1(a)(2)(b)” in appellate cause numbers 13-2200408-CV and 13-23-00071-CV. In this joint filing, the parties seek to set aside the trial court’s November 22, 2022 final judgment without regard to the merits, remand the case to the trial court for rendition “and entry of the parties’ Agreed Final Judgment and Agreed Order Releasing Supersedeas Bond,” and dismiss the appeals with prejudice. The parties agree to “pay their own appellate costs.” The Court, having considered the documents on file and the parties’ joint motion Appellants’ notice of appeal filed in appellate cause number 13-22-00408-CV indicates they were appealing the trial court’s August 19, 2022 order denying appellants’ motion to dismiss. Appellants’ notice of appeal filed in appellate cause number 13-23-00071-CV indicates they were appealing the trial court’s November 22, 2022 final judgment. 1 2 to dismiss the appeals in appellate cause numbers 13-22-00408-CV and 13-23-00071CV, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(2)(B). Accordingly, we reinstate the appeals and vacate the trial court’s November 22, 2022 final judgment without regards to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See id. §§ 42.1(a)(2)(B), 43.2(d). The parties’ joint motion to dismiss is granted, and the appeals in appellate cause numbers 13-22-00408-CV and 13-23-00071-CV are hereby dismissed with prejudice. In accordance with the agreement of the parties, costs are taxed against the party incurring the same. See id. § 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”). It is further ordered that Lexon Insurance Company, surety on appellants’ supersedeas bond in this matter, be released from any and all obligations. Having dismissed the appeals in appellate cause numbers 13-22-00408-CV and 13-23-00071-CV at the parties’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith. NORA L. LONGORIA Justice Delivered and filed on the 23rd day of August, 2023. 3
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