Opinion issued May 6, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-01019-CV

____________

THE DOW CHEMICAL COMPANY, Apellant

V.

DELORES TIPP, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM C. TIPP; ROBERT TIPP; DORA COOK; DEBRA WIENKEM; WILLIAM E. TIPP; PHIL TIPP; AND JOHN TIPP, Appellees

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2001-36408-A

MEMORANDUM OPINION

          The Court today considered the parties’ joint motion to vacate the trial court’s final judgment and for remand, in which they request this Court to remand the case to the trial court for entry of an agreed final judgment. The motion is granted as follows:

          (1)     The trial court’s judgment of June 30, 2003 is set aside without regard to the merits.

          (2)     The case is remanded to the trial court with instructions to render judgment in accordance with the agreements. Tex. R. App. P. 42.1(a)(2)(B).

          (3)     All other pending motions are overruled as moot.

          (4)     The Clerk of this Court is directed to issue mandate 10 days after the date of this opinion. Tex. R. App. P. 18.1.

                                                   PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.