NO. 12-06-00014-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CITY OF SEVEN POINTS, §          APPEAL FROM THE 173RD

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

CITY OF GUN BARREL CITY,

APPELLEE   §          HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant and Appellee filed a joint motion requesting an order remanding this cause to the trial court, without regard to the merits, for the entry of an agreed judgment according to the terms of the parties’ settlement agreement.  We grant the parties’ motion and remand this appeal to the trial court with instructions to (1) vacate its December 19, 2005 judgment and (2) enter an agreed judgment in accordance with the parties’ settlement agreement.

            This appeal is dismissed.

Opinion delivered August 16, 2006.

Panel consisted of Worthen, C.J. and Griffith, J.

PUBLISH