Opinion
No. 06-05-00141-CV
Submitted: January 18, 2006.
Decided: January 19, 2006.
On Appeal from the County Court at Law, Harrison County, Texas, Trial Court No. 2004-6551-Ccl.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
The City of Marshall, Texas, appellant, appealed the trial court's denial of its plea to the jurisdiction in this suit brought by Jason McBride and Christi McBride, individually and as next friend of Levi McBride. The parties have filed with this Court a joint motion to dismiss this appeal, which motion has been signed by the attorney for each party.
Pursuant to Rule 42.1(a)(2) of the Texas Rules of Appellate Procedure, we grant the agreed motion to dismiss. See Tex.R.App.P. 42.1(a)(2). Further, based on the parties' agreement, we 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. See Tex.R.App.P. 42.1(a)(2)(B). Pursuant to the parties' agreement, the City of Marshall shall bear the costs of the appeal.
We dismiss the appeal.