TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00760-CV

DBC Pipeline Construction, Inc., Appellant v. Highland Resources, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN300032, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant DBC Pipeline Construction filed with this Court a joint motion to vacate and remand, informing the Court that the parties have agreed that the trial court’s default judgment should be vacated and this case should be remanded to the trial court for further proceedings.

Accordingly, we grant appellant’s joint motion and set aside the trial court’s judgment without regard to the merits and remand the case to the trial court. See Tex. R. App. P. 42.1(a)(2)(B).

Bea Ann Smith, Justice Before Justices Kidd, B. A. Smith and Pemberton Vacated and Remanded Filed: March 18, 2004