What did the appeals court decide?

The appeals court set aside the trial court's final judgment and sent the case back for the trial court to enter a judgment that reflects the parties' settlement agreement.

Does this mean the appellate court decided who was right on the merits?

No. The court expressly set aside the judgment without ruling on the merits because the parties agreed to settle the dispute.

Who pays the costs of the appeal?

Because the settlement agreement did not address appellate costs, the court taxed the costs of the appeal against the appellants.

Frontier Enterprises, Inc., Hasslocher Enterprises, Inc., D/B/A Jim's Restaurant, and Lambeth Building Company v. Catherine Anderson and Chris Anderson

Docket 04-25-00387-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilRemanded

Filed: Apr 15, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Civil
Disposition: Remanded
Docket: 04-25-00387-CV

Appeal from a final judgment in a civil case in the 288th Judicial District Court of Bexar County, Texas

Summary

The Fourth Court of Appeals granted the parties' joint motion to set aside the trial court's final judgment and remanded the case for entry of a judgment consistent with the parties' settlement agreement. The appellate court vacated the existing judgment without addressing the merits and directed the trial court to render the agreed judgment. Because the settlement did not allocate appellate costs, the court taxed costs of appeal against the appellants.

Issues Decided

Whether the appellate court should set aside the trial court's final judgment and remand for entry of judgment consistent with the parties' settlement agreement
Allocation of appellate costs when the settlement agreement is silent on costs

Court's Reasoning

The parties jointly moved under Texas Rule of Appellate Procedure 42.1(a)(2) to set aside the judgment and remand for entry of a settlement-based judgment. The court granted the motion and set aside the trial judgment without reaching the merits because the parties agreed to settle. Because the settlement did not address appellate costs, the court applied Rule 42.1(d) and assessed costs of appeal against the appellants.

Authorities Cited

Texas Rule of Appellate Procedure 42.1(a)(2)
Texas Rule of Appellate Procedure 42.1(d)

Parties

Appellant: Frontier Enterprises, Inc.
Appellant: Hasslocher Enterprises, Inc., d/b/a Jim's Restaurant
Appellant: Lambeth Building Company
Appellee: Catherine Anderson
Appellee: Chris Anderson
Judge: Honorable Cynthia Marie Chapa

Key Dates

Trial court judgment (filed)
Appellate decision delivered and filed: 2026-04-15

What You Should Do Next

1
Ensure settlement agreement is provided to trial court
A party (typically the plaintiffs or counsel for both parties) should submit the settlement agreement and a proposed judgment to the trial court for entry consistent with the appellate mandate.
2
Address appellate costs
Appellants should prepare to pay the taxed costs of appeal or, if appropriate, file any motion in the trial court to request allocation consistent with the settlement if the parties agree to a different allocation.
3
Confirm final judgment entry
After the trial court enters the judgment consistent with the settlement, counsel should obtain a conformed copy of that judgment and, if needed, file any motions to enforce or to enter satisfaction of judgment.

Frequently Asked Questions

What did the appeals court decide?: The appeals court set aside the trial court's final judgment and sent the case back for the trial court to enter a judgment that reflects the parties' settlement agreement.
Does this mean the appellate court decided who was right on the merits?: No. The court expressly set aside the judgment without ruling on the merits because the parties agreed to settle the dispute.
Who pays the costs of the appeal?: Because the settlement agreement did not address appellate costs, the court taxed the costs of the appeal against the appellants.
What happens next in the trial court?: The trial court must enter a judgment consistent with the parties' settlement agreement as directed by the appellate court.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00387-CV

FRONTIER ENTERPRISES, INC., Hasslocher Enterprises, Inc., d/b/a Jim’s Restaurant, and
Lambeth Building Company,
Appellants

Catherine ANDERSON and Chris Anderson,
Appellees

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CI-21697
Honorable Cynthia Marie Chapa, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
H. Todd McCray, Justice
Velia J. Meza, Justice

Delivered and Filed: April 15, 2026

SET ASIDE AND REMANDED

The parties have filed a joint motion pursuant to Texas Rule of Appellate Procedure

42.1(a)(2), asking that we set aside the trial court’s final judgment and remand this cause to the

trial court for entry of a judgment in accordance with the parties’ settlement agreement.

We grant the motion, set aside the judgment of the trial court without regard to the merits,

and remand the cause to the trial court for rendition of a judgment in accordance with the parties’
04-25-00387-CV

agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Further, because the parties’ joint motion and

agreement do not reflect an agreement with respect to costs of appeal, we tax costs of appeal

against appellants. See TEX. R. APP. P. 42.1(d).

PER CURIAM

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