Paradisa Homes, LLC, and Elite Heating & Air Conditioning, LLC v. Frank Bucher and Vanessa Bucher

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS

PARADISA HOMES, LLC, and § No. 08-25-00017-CV
ELITE HEATING & AIR
CONDITIONING, LLC, § Appeal from the
Appellants,
§ 201st District Court
v.
§ of Travis County, Texas
FRANK BUCHER and VANESSA
BUCHER, § (TC# D-1-GN-24-003979)
Appellees.
§

MEMORANDUM OPINION

Before the Court is Paradisa Homes, LLC and Elite Heating & Air Conditioning, LLC’s

(collectively, Appellants), and Frank Bucher and Vanessa Bucher’s (collectively, Appellees)

amended motion to voluntarily dismiss this appeal by agreement pursuant to Texas Rule of

Appellate Procedure 42.1(a)(2)(B). 1 The motion represents that the parties have agreed to attend

binding arbitration and it asks this Court to set aside the trial court’s December 5, 2024 order,

without regard to its merits, and to remand this appeal to the trial court for rendition of a an

agreed order to compel binding arbitration in accordance with the parties’ agreement. The trial

court’s December 5, 2024 order denied a motion to compel arbitration.

1
This appeal was transferred to this Court from the Third Court of Appeals pursuant to a Texas Supreme Court
docket equalization order. Accordingly, we apply the Third Court of Appeals’ precedent to the extent it conflicts with
our own. See Tex. R. App. P. 41.3.
Rule 42.1(a)(2) of the Texas Rules of Appellate Procedure permits an appellate court to

dispose of a civil appeal in accordance with an agreement signed by the parties or their attorneys

and filed with the clerk. Tex. R. App. P. 42.1(a)(2). Moreover, courts of appeals may 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. Tex. R. App. P. 42.1(a)(2)(B). And

finally, Rules 43.2 and 43.3 authorize the rendering of a judgment that reverses the trial court’s

judgment and remands the case to it for further proceedings. Tex. R. App. P. 43.2(d), 43.3(a).

As the parties have filed a signed agreement with the clerk of this Court, we find that the

requirements of Rule 42.1(a)(2)(B) are met. Accordingly, Appellants’ and Appellees’ motion is

granted. We set aside the judgment of the trial court without regard to the merits, and we remand

the case to the trial court for rendition of an agreed order to compel binding arbitration in

accordance with the parties’ agreement. Tex. R. App. P. 42.1(a)(2)(B), 43.2(d), 43.3(a).

Costs are taxed against Paradisa Homes, LLC and Elite Heating & Air Conditioning,

LLC. Tex. R. App. P. 42.1(d) (taxing costs against appellants in the absence of an agreement of

the parties). We order that mandate in this appeal shall issue immediately. See Tex. R. App. P.

18.1(c), 2 (authorizing courts of appeals to suspend a rule’s operation for good cause).

GINA M. PALAFOX, Justice
February 24, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

2