We have before the Court an "Agreed Motion for Reversal and Remand for New Trial." The appellant, Charles Gordon, and the appellee, Daniel Broussard, asks this Court to vacate the judgment of the trial court, remand the cause for new trial and release the surety, The Insurance Company of the State of Pennsylvania. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2).

It is, therefore, ORDERED that the judgment of the trial court is vacated and the cause is remanded to the 172nd District Court of Jefferson County, Texas, for further proceedings on the merits of the case. Costs are assessed against the appellant, and the obligations of The Insurance Company of the State of Pennsylvania on appellant's supersedeas bond are discharged.

VACATED AND REMANDED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered October 27, 2005

Before McKeithen, C.J., Gaultney and Kreger, JJ.