Opinion
No. 04-05-00770-CV
Delivered and Filed: September 27, 2006.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2002-CI-10424, 2005-CI-07988, and 2005-CI-08044, Honorable Michael P. Peden, Judge Presiding.
Joint Motion to Set Aside and Remand Granted; Set Aside and Remanded.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
The parties have filed a "Joint Motion to Dismiss Appeal," stating they have fully resolved and settled all issues in dispute and requesting that we dismiss the appeal and remand the causes for entry of a judgment in accordance with their settlement agreement. We are not authorized to dismiss an appeal and remand the cause for further proceedings. See Tex.R.App.P. 42.1 (a)(2), 43.2. We construe the motion as requesting that we set aside the trial court's judgments without regard to the merits, and remand the causes to the trial court for rendition of judgment in accordance with the parties' settlement agreement. As so construed, we grant the motion. The trial court's judgments are set aside without regard to the merits and these causes are remanded to the trial court for rendition of judgment in accordance with the settlement agreement. See Tex.R.App.P. 42.1(a)(2)(A). The costs of this appeal shall be borne by the party that incurred them.