COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-446-CV

MILDRED CARDWELL APPELLANT

V.

BENNY RAY CARDWELL AND GARY MACK CARDWELL         APPELLEES

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FROM COUNTY COURT AT LAW NO. 2 OF PARKER COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered the parties’ “Joint Motion To Dismiss Appeal.”  It is the court’s opinion that the motion should be granted; therefore, we 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.   See T EX. R. A PP. P. 42.1(a)(2)(B), 43.2(d),(f).

Costs of the appeal shall be paid by the party incurring the same , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D:  DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED:  August 27, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.