The appellant, James VanDevender, and the appellees, the Honorable G. Mitch Woods acting in his official capacity as Sheriff of Jefferson County, and Jefferson County, Texas, jointly filed an agreed motion for remand. The parties agree that, in the interest of justice, the case should be remanded to the trial court for a new trial on causation and any other remaining issues. The motion meets the requirements for agreed disposition of civil appeals. See Tex. R. App. P. 42.1(a)(2)(B). We vacate the judgment of the trial court and remand the cause to the trial court for a new trial. Costs shall be assessed against the incurring party.

VACATED AND REMANDED.

____________________________

DAVID GAULTNEY

Justice

Submitted November 1, 2007

Opinion Delivered November 29, 2007

Before Gaultney, Kreger, and Horton, JJ.