Opinion
No. 04-03-00265-CV.
Delivered and Filed: August 27, 2003.
Appeal from the 190th Judicial District Court, Harris County, Texas, Trial Court No. 2002-28999, Honorable Jennifer Elrod, Judge Presiding.
MOTION TO DISMISS GRANTED; APPEAL DISMISSED.
Sitting: Paul W. GREEN, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
Appellant filed a motion to dismiss the appeal, which is joined by the appellee. The parties agree all issues have been fully compromised and settled, and they ask that we set aside the trial court's judgment and remand for entry of judgment in accordance with the settlement agreement. We grant the motion. See Tex.R.App.P. 42.1(a)(2)(B); Merrill, Lynch, Pierce, Fenner Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Panterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 300-01 (Tex.App.-San Antonio 1995, no writ). The trial court's judgment is set aside without regard to the merits and the cause is remanded to the trial court for entry of judgment in accordance with the parties' settlement agreement. The appeal is dismissed. Costs of appeal are taxed against the party who incurred them. Our mandate may be issued early upon proper motion. Tex.R.App.P. 18.1(c).