IN THE

TENTH COURT OF APPEALS

No. 10-03-00104-CV

     C W RESOURCES, INC.,

                                                                              Appellant

     v.

     T-BAR-X LIMITED COMPANY,

                                                                              Appellee

From the 12th District Court

Leon County, Texas

Trial Court # 0-01-259-1

MEMORANDUM OPINION

      Appellant has filed an “Unopposed Motion to Dismiss Pursuant to Settlement” under Rule of Appellate Procedure 42.1(a)(2)(B). See Tex. R. App. P. 42.1(a)(2). The certificate of conference indicates that Appellee does not oppose the motion. Id. 10.1(a)(5). Appellant requests “that this Court dismiss this appeal and remand this cause to the district court to vacate the judgment and dismiss all claims between the parties with prejudice.” However, this Court does not have the authority to dismiss an appeal and remand the cause to the trial court. Id. 42.1(a)(2), 43.2. Accordingly, we construe the motion as a request to set aside the trial court’s judgment without regard to the merits and remand this case to the trial court for entry of a judgment in accordance with the parties’ settlement agreement. Id. 42.1(a)(2)(B). Thus, the judgment is set aside without regard to the merits and this case is remanded to the trial court for entry of a judgment in accordance with the parties’ settlement agreement.

                                                                   PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Justice Reyna

Judgment set aside and remanded

Opinion delivered and filed July 14, 2004

[CV06]