TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00833-CV

William Christopher Arnold and Lacey J. Cheatum, Appellants

v.

Agricultural Workers Ins. Co., as Subrogee for

Jeretha Northcutt, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 285,462, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

                        Appellants William Christopher Arnold and Lacey J. Cheatum have filed a motion to reverse the judgment, remand the cause, and dismiss the appeal pursuant to the parties’ agreement to set aside the trial court’s default judgment. Appellee Agricultural Workers Insurance Company as Subrogee for Jeretha Northcutt does not oppose the motion. Pursuant to the parties’ agreement, we grant the motion in part, set aside the trial court’s judgment without regard to the merits, and remand the cause to the trial court for further proceedings. Tex. R. App. P. 42.1(a)(2)(B).

                                                                        __________________________________________

                                                                        Jan P. Patterson, Justice

Before Justices B. A. Smith, Patterson and Puryear

Vacated and Remanded

Filed: January 11, 2006