Appellant Fluid Crane & Construction, Inc. and Appellee R&R Marine Maintenance, Inc. have filed a "Motion to Dismiss" in which the parties ask this Court to remand the case to the trial court with instructions to enter a judgment in accordance with the parties' written settlement agreement. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2). The parties inform the Court that they have reached an agreement to set aside the trial court's default judgment against Fluid Crane & Construction, Inc. and remand the case to the trial court for entry of a final take nothing judgment ordering that R & R Marine Maintenance, Inc. take nothing of and from Fluid Crane Construction, Inc.

It is, therefore, ORDERED that the judgment of the trial court is vacated and the cause is remanded to the 60th District Court of Jefferson County, Texas, for further proceedings regarding the entry of judgment in accordance with the agreement of the parties. Costs shall be assessed against the party incurring such costs.

VACATED AND REMANDED.

____________________________

CHARLES KREGER

Justice

Opinion Delivered January 11, 2007

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