Opinion
No. 04-10-00869-CV
03-14-2012
STONE CREEK VILLAGE PROPERTY OWNERS ASSOCIATION, INC., Appellant v. John E. VOGT and Nelda L. Vogt, Appellees
MEMORANDUM OPINION
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 06-150
Honorable N. Keith Williams, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
JOINT MOTION TO SET ASIDE AND REMAND GRANTED; SET ASIDE AND REMANDED
The parties have filed a joint motion stating they have settled all issues in dispute. The parties ask that we set aside the trial court's judgment against Stone Creek Village Property Owners Association, Inc., without regard to the merits and remand the cause against it to the trial court for rendition of judgment in accordance with the settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The motion does not recite any agreement of the parties as to costs.
We grant the motion. The judgment of the trial court on the claims by and between Stone Creek Village Property Owners Association, Inc., and John and Nelda Vogt is set aside without regard to the merits and the cause is remanded to the trial court for rendition of judgment in accordance with the settlement agreement. All costs of this appeal are taxed against appellant. See TEX. R. APP. P. 42.1(d).
PER CURIAM