What did the court decide?

The court reinstated the appeal and dismissed it because the parties reached and finalized a settlement and jointly asked for dismissal.

Who is affected by this decision?

The parties to the appeal—appellant Rene Martinez and appellees Jose Alberto Vela and Joel Garza—are affected, as the appeal is ended by their agreement.

What happens to court costs?

Costs are taxed against the party that incurred them, in accordance with the parties' agreement and the appellate rules.

Can a motion for rehearing be filed?

The court stated that because the appeal was dismissed at the parties' request, no motion for rehearing will be entertained.

Rene Martinez v. Jose Alberto Vela and Joel Garza

Docket 13-24-00406-CV

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

CivilDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 13th District
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 13-24-00406-CV

Appeal from an order enforcing a Rule 11 agreement in a district court, reinstated and dismissed by joint motion after mediation.

Summary

The Court of Appeals for the Thirteenth District granted the parties' joint motion to reinstate and dismiss an appeal brought by Rene Martinez from an order enforcing a Rule 11 settlement. After the case was abated for mediation, the parties executed a mediated settlement agreement and asked the court to dismiss the appeal. The court reinstated the appeal and dismissed it by joint motion, ordering costs taxed against the party that incurred them and noting that no motion for rehearing will be entertained.

Issues Decided

Whether the appeal should be dismissed by joint motion after the parties reached a mediated settlement.
Whether costs should be taxed against the party that incurred them in accordance with the parties' agreement and the rules of appellate procedure.

Court's Reasoning

The parties informed the court that they reached a mediated settlement and jointly moved to reinstate and dismiss the appeal. Under the Texas Rules of Appellate Procedure, a court may dismiss an appeal on the parties' joint motion. Because the parties finalized their settlement and requested dismissal, the court granted the motion and taxed costs as provided by the appellate rules.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a)(1), 42.1(d)

Parties

Appellant: Rene Martinez
Appellee: Jose Alberto Vela
Appellee: Joel Garza
Judge: Clarissa Silva

Key Dates

Mediation referral/abatement: 2025-07-31
Joint motion to reinstate and dismiss filed: 2026-04-21
Opinion delivered and filed: 2026-04-23

What You Should Do Next

1
Ensure settlement performance
Parties should complete the obligations required by the mediated settlement agreement and retain proof of performance in case of future dispute.
2
Resolve cost allocation
The party incurring costs should document and, if necessary, present billing to the opposing party per the agreement or seek enforcement in trial court if the other party refuses to pay.
3
Consult counsel about enforcement
If one party fails to comply with the settlement, consult counsel about filing a motion to enforce the settlement in the trial court that originally handled the matter.

Frequently Asked Questions

What did the court decide?: The court reinstated the appeal and dismissed it because the parties reached and finalized a settlement and jointly asked for dismissal.
Who is affected by this decision?: The parties to the appeal—appellant Rene Martinez and appellees Jose Alberto Vela and Joel Garza—are affected, as the appeal is ended by their agreement.
What happens to court costs?: Costs are taxed against the party that incurred them, in accordance with the parties' agreement and the appellate rules.
Can a motion for rehearing be filed?: The court stated that because the appeal was dismissed at the parties' request, no motion for rehearing will be entertained.

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

NUMBER 13-24-00406-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RENE MARTINEZ, Appellant,

JOSE ALBERTO VELA
AND JOEL GARZA, Appellees.

ON APPEAL FROM THE 139TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Silva

This cause is before the Court on a joint motion to reinstate and dismiss appeal.

Appellant Rene Martinez filed a notice of appeal from an order granting appellees Jose

Alberto Vela’s and Joel Garza’s motion to enforce their Rule 11 Agreement in trial court
cause number C-3039-21-C. On July 31, 2025, we abated the case and referred the

parties to mediation.

On April 21, 2026, the parties filed a “Joint Motion to Reinstate and Dismiss

Appeal.” The parties participated in mediation and reached an agreement. The mediated

settlement agreement has now been finalized.

The Court, having considered the parties’ joint motion to reinstate and dismiss

appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1).

Therefore, we grant the parties’ joint motion to reinstate appeal, and the appeal is hereby

dismissed. In accordance with the motion, costs are taxed against the party incurring

same. 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.

CLARISSA SILVA
Justice
Delivered and filed on the
23rd day of April, 2026.