NUMBER 13-06-305-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ALLIED WASTE SYSTEMS, INC.,                                        Appellant,

v.

ALFRED MARTINEZ,                                                          Appellee.

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On appeal from the 117th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

Memorandum Opinion Per Curiam

         Appellant, ALLIED WASTE SYSTEMS, INC., perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 00-649-B. After the notice of appeal was filed, the parties filed a joint motion to dismiss the appeal. In the motion, the parties state they have reached a settlement. The parties request that this Court set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement that a take nothing judgment be entered.

         The Court, having considered the documents on file and the parties’ joint motion, is of the opinion that the motion should be granted. The parties’ joint motion is hereby GRANTED. The judgment of the trial court is hereby SET ASIDE, and the cause is REMANDED to the trial court for rendition of judgment in accordance with the parties’ agreement that a take nothing judgment be entered. Costs of the appeal are adjudged against the party incurring same.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 26th day of October, 2006.