Opinion issued March 4, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-01107-CV

____________

P & A MATERIALS, INC. D/B/A NOVA MATERIALS CO., Appellant

V.

STERLING BANK, Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2000-17252

MEMORANDUM OPINION

          The Court today considered the parties’ agreed motion to vacate final default judgment. We grant the motion as follows:

          (1)     We set aside the trial court’s judgment without regard to the merits. Tex. R. App. P. 42.1(a)(2)(B).

          (2)     We remand the case to the trial court with instructions to render judgment in accordance with the settlement agreement.

          (3)     We overrule all other pending motions as moot.

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

          (5)     As they have agreed, each party shall pay the costs it incurred. Tex. R. App. P. 42.1(d).

                                                   PER CURIAM

Panel consists of Justices Keyes, Hanks, and Bland.