Opinion
No. 14-08-00588-CV
Opinion filed April 9, 2009, Withdrawn, April 30, 2009.
On Appeal from the 12th District Court, Walker County, Texas, Trial Court Cause No. 22732.
Panel consists of Justices SEYMORE, BROWN, and SULLIVAN.
MEMORANDUM OPINION
This is an appeal from a judgment signed March 26, 2008. On April 1, 2009, the parties filed a JOINT MOTION TO DISMISS APPEAL in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1. The motion was granted and the appeal dismissed by opinion on April 9, 2009.
On April 15, 2009, the parties timely filed a JOINT MOTION FOR REHEARING TO RECALL MANDATE stating the motion to dismiss requested this court to render judgment effectuating the parties' agreement. On rehearing, the parties request we render judgment in the manner set forth in the attached agreement or, alternatively, set aside the trial court's judgment and remand for rendition of judgment in accordance with the agreement
The motion for rehearing is GRANTED. Our opinion of April 9, 2009, is WITHDRAWN and we order the mandate RECALLED.
Further, we vacate the judgment signed March 26, 2008, and we remand the cause to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B).