Vacated and Remanded and Memorandum Opinion filed October 25, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00335-CV

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IRA and GEORGE ANN HELD, Appellants

V.

ALLSEL CORPORATION, HILLCREST FOSTER INVESTMENTS, L.P., and the ESTATE OF LUTHER ALLEN, DECEASE, Appellees

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 05-CV-0163

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed March 21, 2007.  On October 15, 2007, the parties filed a joint motion to set aside the trial court=s judgment and to remand the cause to the trial court for entry of a take nothing judgment.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, without regard to the merits, we vacate the trial court=s judgment and remand the cause to the trial court for rendition of a take nothing judgment, in accordance with the parties= settlement agreement.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 25, 2007

Panel consists of Justices Yates, Fowler, and Guzman.