We have before the Court a "Joint Motion to Set Aside the Trial Court's Judgment Without Regard to the Merits and Remand the Case to the Trial Court" in which the parties ask this Court to remand the case to the trial court with instructions to enter a 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 for entry of an order of dismissal consistent 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 411th District Court of Polk County, Texas, for further proceedings regarding the entry of judgment in accordance with the agreement of the parties. Costs shall be assessed against the party incurring such costs.

VACATED AND REMANDED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered July 27, 2006

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