In an "Agreed Motion to Vacate the Trial Court's Judgment Without Regard to the Merits Pursuant to Settlement and to Dismiss Appeal," the parties ask this Court to remand the case to the trial court to release the judgment in accordance with the parties' written settlement agreement. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2). The parties inform the Court that they have reached an agreement to vacate the trial court's judgment and remand the case to the trial court to effectuate the settlement in accordance with the terms of the parties' agreement.

It is, therefore, ORDERED that the judgment of the trial court is vacated and the cause is remanded to the 128th District Court of Orange County, Texas, for further proceedings in accordance with the agreement of the parties. Costs shall be assessed against the party incurring such costs.

VACATED AND REMANDED.

___________________________

HOLLIS HORTON

Justice

Opinion Delivered October 12, 2006

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