Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

The parties have filed an agreed motion to remand this appeal to the trial court. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed and the trial court's judgment is set aside without regard to the merits and the appeal is remanded to the trial court for rendition of judgment in accordance with the agreement of the parties herein. Tex. R. App. P. 42.1(a)(2)(B). All costs incurred shall be assessed against the appellees. No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock

Justice

Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Justice