(a) On Motion or by Agreement. The appellate court may dispose of an appeal as follows:
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(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
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(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:
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- (A) render judgment effectuating the parties' agreement;
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- (B) 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; or
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- (C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.
(b) Partial Disposition. A severable portion of the proceeding may be disposed of under (a) if it will not prejudice the remaining parties.
(c) Effect on Court's Opinion. In dismissing a proceeding, the appellate court will determine whether to withdraw any opinion it has already issued. An agreement or motion for dismissal cannot be conditioned on withdrawal of the opinion.
(d) Costs. Absent agreement of the parties, the court will tax costs against the appellant.