The appellant, Best Buy Stores, L.P., and the appellees, Craig Schroerlucke and Natasha Schroerlucke, ask this Court to vacate the judgment of the trial court, and remand the cause for entry of a judgment in accordance with the parties' agreement. The parties also move to discharge the surety and to issue the mandate immediately. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2).

It is, therefore ORDERED that the judgment of the trial court is vacated without reference to the merits and the cause is remanded to the 136th District Court of Jefferson County, Texas, for further proceedings in accordance with the parties' settlement agreement. Costs are assessed against the party incurring such costs. The surety on the supersedeas bond shall be discharged and the district clerk shall release the supersedeas bond immediately. The mandate shall issue immediately. Tex. R. App. P. 18.1(c).

VACATED AND REMANDED.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered March 29, 2007

Before McKeithen, C.J., Kreger and Horton, JJ.