Panterra Corp. v. American Dairy Queen

OPINION

LOPEZ, Justice.

The parties have filed a joint “Stipulation and Agreement of Voluntary Dismissal.” See Tex.R.App.P. 59(a)(1)(A). They state that they have fully compromised and settled the issues in dispute. The parties request that we dismiss the appeal and affirm the judgment of the court below. We cannot do both.

At least as early as 1943, the Texas Supreme Court chastised a court of appeals for dismissing an appeal as moot but leaving the district court’s judgment in full force. See Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863, 863 (1943). The court held that this was error and…