Opinion
No. 08-09-00325-CV
June 2, 2010.
Appeal from the County Court at Law No. 7 of El Paso County, Texas (TC# 2003-4499).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
The opinion issued by the Court on May 19, 2010 is withdrawn and the following is the opinion of the Court.
Pending before the Court is an agreed motion for rehearing filed in response to our dismissal of the appeal pursuant to the parties' settlement agreement under Tex. R. App. P. 42.1(a)(2). In it, the parties contend that the case should be remanded to the trial court to effectuate the parties' agreement. We agree and therefore withdraw our prior opinion and issue this one in its place. Accordingly, without regard to the merits, we grant the motion for rehearing, vacate the trial court's judgment, and remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). Because the motion does not reflect that the parties have made any agreement regarding costs, we assess costs against the Appellant. See Tex. R. App. P. 42.1(d).