Vacated and Remanded and Memorandum Opinion filed October 12, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-01204-CV

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FELTON BAKER, Appellant

V.

PDQ UNIVERSAL FENCE, INC., GREG MILLIEN, and THOMAS PAGE, Appellees

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 04-07166

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed November 4, 2005.  On April 13, 2006, this court ordered the parties to mediate the case.  On August 29, 2006, the mediator notified this court that all issues in the case had been settled.

On September 28, 2006,  the parties filed a joint motion for resolution of the appeal.  The parties= Memorandum of Settlement was attached to the motion.  In the motion, the parties asked that we vacate the trial court=s judgment and findings so that a new judgment and findings may be entered to incorporate the terms of the parties= settlement agreement.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, we vacate the judgment and remand the cause to the trial court for entry of a judgment in accordance with the terms of the parties= settlement agreement.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 12, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Seymore.