Opinion
No. 04-04-00147-CV
Delivered and Filed: June 15, 2005.
Appeal from the 365th Judicial District Court, Maverick County, Texas, Trial Court No. 01-11-17707-Mcv, Honorable Amado Abascal, III, Judge Presiding.
Reversed and Remanded.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
This appeal was submitted to the court with oral argument on March 9, 2005. On March 10, 2005, the court issued an order referring the case to post-submission mediation. The parties subsequently filed a joint motion to abate the appeal stating they had fully resolved and settled all issues in dispute and requesting an abatement in order to finalize the settlement agreement. The appeal was abated to July 11, 2005. On June 8, 2005, the parties filed a joint motion requesting that this court issue an expedited order setting aside the trial court's judgment without regard to the merits, and remanding the cause to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
Accordingly, the parties' joint motion is granted. The judgment of the trial court is set aside without regard to the merits, and the cause is remanded to the trial court for rendition of judgment in conformity with the parties' settlement agreement. Tex.R.App.P. 42.1(a)(2)(B). The clerk of this court is ordered to issue the mandate contemporaneously with this opinion and judgment. Costs of appeal are taxed against the parties who have incurred them.