PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: January 7, 2004

REVERSED AND REMANDED

This court's opinion and judgment dated November 12, 2003, are withdrawn, and this opinion and judgment are substituted. The parties have filed a joint motion, stating that they have fully resolved and settled all issues in dispute. Although they request that this court render judgment in accordance with their settlement agreement, the court has decided to set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B). Accordingly, the motion is granted in part. The judgment of the trial court is reversed, and the cause is remanded for the entry of a judgment in conformity with the parties' settlement agreement. Costs of appeal are taxed against the parties who have incurred them.

PER CURIAM