Did You Know . . . ?

by JoAnn Storey

Where the Supreme Court, upon the parties’ joint motion, grants a petition for review, sets aside the judgments of the Court of Appeals and the trial court without reference to the merits, and remands to the trial court for entry of judgment in accordance with the settlement agreement of the parties, the Court of Appeals’ opinion is not vacated and its precedential value is equivalent to a “petition dismissed” case.  See Houston Cable TV, Inc. v. Inwood West Civic Ass’n, 860 S.W.2d 72, 73 n. 3 (Tex.1993) (stating rule under former writ-of-error practice).

The dismissal of a petition “shall not be regarded as precedent or authority.”  Tex. Gov’t Code Ann. 22.007(e) (stating rule with respect to writ of error).